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San Francisco Public Library 



^wcqwmFHT INFORMATION C&^WT 

REFERENCE BOOK 

Not to be taken from the Library 



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AGM-1094;AGM-1100 



SAN FRANCISCO ARTS COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



AGENDAS AND MINUTES 



1997-1999 



3 1223 06257 1808 
3 1223 06257 1949 



SAN FRANCISCO ART COMMISSION 



4. 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

Si Education 

Cultural Equity Grants 

Gallery 

•OPS Symphony Concerts 

Public Art 



A 70. 75" 



STREET ARTISTS PROGRAM COMMITTEE 

Wedne s day , c january 8. 1997^ > 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



«* 



N D 



DOCUMENTS DEPT. 
JAN 6 -1997 

SAN FRANCISCO 
PUBLIC LIBRARY 



street artists licenses Note : Public testimony is invited and shall be limited to three 

4i5 252 l 2S8i ^^ minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 






II 



III 




City and County of 1 » 
San Francisco 



HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATES 

Polina Ardeleanu and Valery Sinyakov (Certificates # 4731 
and # 4755) Alleged violation: Selling items not 
of the artists' own creation (commercially manufactured 
cast and fabricated metal and amber jewelry). 

HEARING AND POSSIBLE MOTION TO APPROVE REQUEST FOR CERTIF- 
ICATION OF CRAFT ITEM 

Polina Ardeleanu and Valery Sinyakov (Certificates # 4731 
and § 4755). Request for certification: cast metal and 
amber jewelry. 

HEARING AND POSSIBLE MOTION TO APPROVE NEW LOTTERY RULE 

(proposed by Lottery Committee member Virginia Burris) 

LAST NUMBER FOR STREET ARTIST LATE FOR LOTTERY : If a 

street artist arrives late to enter his/her number in 
the lottery or has forgotten to enter his/her number, 
the artist shall automatically receive the last lottery 
number. When the artist arrives late to enter the main 
lottery, the artist shall go directly to the Lottery Com- 
mittee person running the lottery to receive the last 
number. The Lottery Committee person shall then write 
on the artist's lottery slip the artist's name, certif- 
icate number, and the words "Late #1", "Late #2", etc. 
After all numbers have been drawn and recorded, the record 
sheet shall be returned to the Lottery Committee table 
at which time the last numbers shall be recorded and given 
their lottery numbers . 

HEARING AND POSSIBLE MOTION TO APPROVE ELIMINATION OF 
CLIFF HOUSE LOTTERY AT POINT LOBOS AND TO COMBINE CLIFF 






25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - 1/8/96 Agenda 

Page 2 



HOUSE AND FISHERMAN'S WHARF LOTTERIES INTO ONE LOTTERY 
TO BE HELD AT SAME TIME AND PLACE CURRENTLY HELD FOR 
WHARF LOTTERY (proposal received by petition) 

V HEARING AND POSSIBLE MOTION TO APPROVE EXTENDED TIME PERIOD 
FOR AMENDMENT OF LOTTERY OCCUPANCY RULE WHICH ELIMINATED 
PROVISION FOR A "MARKED" (ASSIGNED) SPACE TO REMAIN VACANT 
UNTIL THE ASSIGNED ARTIST USES IT, AND PROVIDED FOR A 
LOTTERY TO BE HELD AFTER THE NOON LOTTERY TO DISTRIBUTE 
VACANT ASSIGNED SPACES AMONG NON-ASSIGNED ARTISTS WHO MAY 
OCCUPY SUCH SPACES UNTIL SUCH TIME AS THEY ARE OCCUPIED 
BY THE ASSIGNED ARTISTS (amendment approved by full Art 
Commission on May 1, 1995) 

VI HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO 
ELIMINATE LEAVENWORTH STREET LOTTERY AND TO LOTTERIZE 
THE TEN SPACES ON LEAVENWORTH STREET (JEFFERSON TO BEACH 
STREETS) AS PART OF THE FISHERMAN'S WHARF LOTTERY 

(proposal submitted by Street Artist Mike Granatt) 

VII HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO AMEND 
ORD. 41-83 (STREET ARTIST ORDINANCE), SECTION 2405(c)(3) 
BY INCREASING THE HEIGHT LIMIT OF STREET ARTIST DISPLAYS 
FROM THE PRESENT FIVE (5) FEET ABOVE ANY SIDEWALK TO SIX 
(6) FEET ABOVE ANY SIDEWALK (proposal submitted by Street 
Artist Mike Granatt) 

VIII PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

IX PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

X ADJOURNMENT 






ACCESSIBILITY INFORMATION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with 
disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will be held at 25 
Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. All meetings are held in 
Suite 70, basement level, and can be accessed by the two main elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and Franklin 
Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains—stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses—serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting accessibility. In order 
to assist the city's efforts to accommodate such people, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accommodate these 
individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252-2596 at 
least 72 hours prior to meeting. Late requests will be honored if possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. 

Commissions, boards, councils and other agencies of the City and County exist to conduct the people's 
business. This ordinance assures that deliberations are conducted before the people and that City operations 
are open to the people's review. 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO 
REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHIRE ORDINANCE TASK 
FORCE AT 554-6075. 



48543 SFPL: ECONO JRS 
133 SFPL 09/27/02 126 



i 



S F 



A C 



SAN FRANCISCO ART CO MM I S S I O N 



STREET ARTISTS PROGRAM COMMITTEE 



PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Eqijity Grants 

POPS Symphony Concerts 

public AR T Commissioners present: 



Cjanu ary 8 f 19 9jS> 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



DOCUMENTS DEPT. 

FEB 6 1997 
San FR AfvC/s 

PU SLiC LIBRARY 



,M 



% 



N U 



Street Artists Licenses 

Suite 70 

415.252.2581 



Commissioner absent: 



Emery Rogers, Rod Freebairn-Smith 
Dede Wilsey 



Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Worthy 

rt Commission Gallery 
401 Van Ness Avenue 

4i5.554.608oCommissioner Rogers, Chair, called the meeting to order at 3:00 
p.m. 

I HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERIFICATES 

Polina Ardeleanu and Valery Sinyakov (Certificates # 4731) 
and # 4755). Alleged violation: Selling items not of the 
artists' own creation (commercially manufactured cast and 
fabricated metal and amber jewelry). 

Program Director Lazar presented the following chronology 
of the case: 

1) October 23, 1996 - The Program Director photographed 
Ms. Ardeleanu offering for sale alleged commercially manu- 
factured cast and fabricated metal and amber pendants, neck- 
laces, and rings. (The photos of the incident were submitted 
as evidence.) The Program Director on October 30th sent 
Ms. Ardeleanu a written warning against continuing to sell 
the items. 

2) November 1, 1996 - Ms. Ardeleanu and Mr. Sinyakov 
applied for an examination (screening) of the craft "casting" 
for certification; their items were examined on November 
21st by the Advisory Committee of Street Artists and Crafts- 
men Examiners who did not approve them for the craft, found 
that most of the receipts they submitted for their materials 
were "dated in the last two weeks," and recommended that 
a studio visit be performed for further investigation as 
to whether the two certificate-holders made the cast metal 
and amber jewelry they wished to sell. (Photos of the exam- 
ination were submitted.) At the same time, the members 
of the Advisory Committee as well as the Program Director 
warned Ms. Ardeleanu and Mr. Sinyakov against selling the 
items in question pending the outcome of a determination 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 2 



by both the Advisory Committee and the Program Committee. 

3) December 7, 1996 - Street Artist Eunice Rodriguez 
witnessed Mr. Sinyakov offering for sale the alleged com- 
mercially manufactured metal and amber jewelry and submit- 
ted a letter-complaint about this. 

4) December 11 , 199 6 - The Advisory Committee studio 
visit was performed at a site in San Mateo where artists 
pay for the facility to cast their own jewelry. According 
to the Advisory Committee's notes (submitted with photos 
taken at the visit, as evidence): 

Ms. Ardeleanu and Mr. Sinyakov "were not prepared 
to demonstrate wax carving." 

Mr. Sinyakov "demonstrated rubber moldmaking"; Ms. 
Ardeleanu "demonstrated preparing investment for 
casting. Both artists seemed familiar w/materials 
and process" of this step of production; but there 
was "no volume of half-finished works in progress 
and/or finished pieces ... in evidence." 

There were "no receipts for raw materials." The 
two certificate-holders told the Advisory Committee 
that "various Russian people came by" and "sold 
silver" to them to use for their castings. 

The two also told the Advisory Committee that "some 
of the pieces they were selling had been made in 
Russia, and some here." 

While "a number of molds which matched waxes were 
in evidence," and while the two certificate-holders 
"demonstrated pouring wax into a mold," the Advisory 
Committee saw no rental receipts for use of the 
commercial casting studio, and the Committee was 
not convinced that the two made their items. 

- The Advisory Committee allowed for a second studio 
visit to be scheduled in the home of the two certif- 
if icate-holders, as they requested, in order for 
them to demonstrate wax carving. 

5) December 12, 1996 - Ms. Ardeleanu and Mr. Sinyakov 
came to a meeting of the Advisory Committee and were again 
told explicitly by the Committee and the Program Director 
that they were not allowed to sell the cast and/or fabricat- 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 3 



ed metal and amber jewelry pending Advisory Committee and 
Program Committee approval, but that they could sell the 
"fabricated metal and stone jewelry" they had shown the 
Advisory Committee on February 29, 1996 and for which they 
had received certification. (Photos from the February 29th 
screening were submitted as evidence.) 

6) December "14, 1996 - Advisory Committee member Mathew 
Porkola found Ms. Ardeleanu and Mr. Sinyakov at their display 
selling "none of the designs we had approved" (on 2/29/96); 
they were selling both cast and fabricated items that looked 
"very similar to the Graciana catalogue." (Photos taken 

by Mr. Porkola of the incident were submitted as evidence.) 

After observing the incident, Mr. Porkola went to 
the Graciana showroom at 888 Brannan Street and "observed 
many items very similar to those" displayed by Ms. Ardeleanu 
and Mr. Sinyakov "and some that were exactly the same such 
as the silver encased amber crosses and the leaf design." 

In his notes from his street monitoring duty that 
day, Mr. Porkola wrote: "Given the complete lack of designs 
we had seen produced by Polina and Valery on their table, 
the lack of supporting receipts, and the overwhelming sim- 
ilarity of their display with what I observed in the Grac- 
iana showroom 15 minutes later while it was fresh in my 
mind, I can only conclude that the street artists in question 
did not personally create the items on their display." 

7) Prior to the Advisory Committee's studio visit, 
Street Artist Leah Mazor on December 1, 1996 observed Mr. 
Sinyakov selling "illegal" items: all amber, "some of them 
only the stone, without design on them," and sent this ob- 
servation in a letter to the Program Director. 

8) During the investigation, the Program Director on 
November 6, 1996 obtained a catalogue from Graciana and 

a purchase of $62 worth of Graciana jewelry. (The catalogue, 
the jewelry, and the invoice were submitted as evidence; 
the Program Director requested the Commissioners to compare 
the catalogue's photos and the jewelry samples with the 
photos he took relative to the initial warning and the pho- 
tos taken by Mr. Porkola on December 14th. ) 

The Commissioners heard from Street Artist Eunice Rodriguez 
who stated that, in reference to the letter she submitted, 
she had been selling on Stockton Street, walked up to Mr. 
Sinyakov's display at about 1:00, and observed Mr. Sinyakov 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 4 



sketching designs of items he had on his table. When she 
asked him whether he was supposed to sell the items prior 
to receiving the Art Commission's verification, he responded 
that it was none of her business, that it was his business. 

In response to questions put forth by the Program Director, 
Mrs. Rodriguez stated that the items on Mr. Sinyakov's table 
that day looked identical to items displayed in the Graciana 
shop; she has purchased from Graciana items personally for 
herself, and has been doing business with the shop for about 
five years. 

The Commissioners heard from Street Artist Leah Mazor who 
stated, in reference to the letter she had submitted, that 
on the day she sold next to Mr. Sinyakov all the items on 
his display were "illegal," and that some of the items were 
just amber stones (with no metal adornment or design on 
them). She saw him sell a pre-cut stone cross. 

The Commissioners heard from Advisory Committee Member Mathew 
Porkola who stated, in reference to the letter and photos 
he had submitted, that he saw Mr. Sinyakov and Ms. Ardeleanu 
offering for sale certain items "that were exactly the same 
as what I saw at the Graciana showroom": a "snail" design 
as well as a series of animal forms with amber insets, 
bracelets, the pre-cut amber cross. Mr. Porkola identified 
the "snail" and the cross in the photos he had submitted. 

Mr. Porkola examined the items Mr. Sinyakov and Ms. Ardeleanu 
now displayed for the Commissioners and pointed to an "open 
cala lily" necklace which, he said, his Committee had 
approved; but, he said, there were no necklaces of this 
design on their table the day he photographed their items. 
In response to a question by Commissioner Rogers, Mr. Porkola 
stated that, on the day he photographed their table, he 
"didn't really see anything that they had ever shown us" 
at their screenings or studio visit. 

In reference to the studio visit, Mr. Porkola stated that 
the two certificate-holders failed to produce enough evidence 
in the form of a body of work; they showed molds but did 
not have any work that matched the molds. A studio visit, 
he said, is an opportunity for an artist to be able to show 
his or her craft process in its entirety, in detail, and 
Mr. Sinyakov and Ms. Ardeleanu had been told that that was 
the purpose for their studio visit. In talking with them, 
he said, Mr. Sinyakov sounded knowledgeable. Mr. Porkola 
had wanted to do a second studio visit on their craft to 






STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 5 



give them an opportunity to show wax carving; but, on the 
evidence of what he subsequently saw on their table, he 
did not feel a second studio visit was necessary. 

The Commissioners heard from Advisory Committee Member Josie 
Grant who stated that she, too, had attended the studio 
visit and concurred with Mr. Porkola's statements about 
the visit. She added that, at their screening, Ms. Ardeleanu 
demonstrated that she was adept at carving wax, but "the 
definition was apparently not the same: it was a good copy." 
The Advisory Committee members had expected to see everything 
at the studio visit; the members were told that half the 
items of the two certificate-holders were at their home 
in San Francisco, while the place where they supposedly 
did their casting was in San Mateo. At the casting location, 
they were able to show the Committee many of the steps of 
the process, but they did not pour or cast anything. They 
did not have a mold prepared for casting. 

In examining the display of items now being shown at the 
hearing, Ms. Grant stated that she had "never seen any of 
that jewelry" except for the one necklace (Mr. Porkola had 
identified) . 

The Commissioners heard from Attorney Laura Woodward, repre- 
senting Ms. Ardeleanu and Mr. Sinyakov. Ms. Woodward stated 
that her clients were Russian, had some language difficulty, 
and were very upset that their integrity was questioned. 
They were approved in 1995 to sell amber beads. In February 
of 1996 they were screened for fabricated metal work. Mr. 
Sinyakov, she said, understood from the arts and crafts 
criteria entitled "FABRICATED AND/OR CAST JEWELRY" that 
he could do both. In July they rented casting equipment 
and arranged with the people in San Mateo to use their equip- 
ment. When they were told they could not sell cast items 
without obtaining additional certification, they requested 
to be screened for casting. They were only prepared at 
that point to show casting, not fabricating, and they thought 
it was more relevant to do it in San Mateo where they do 
the casting, rather than at their home studio where they 
do most of the designs . 

Ms. Woodward stated that there did not "seem to be any doubt 
that both of these people make silver and amber jewelry"; 
the question before the Commissioners was "whether or not 
they made the jewelry that they have been selling." There 
appeared to be some question as to how her clients "could 
suddenly have developed such great technique" as to make 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 6 



such high-quality jewelry. 

Ms. Woodward submitted a layout-drawing of a segment of 
street artist spaces and stated that she had a witness who 
could testify that Eunice Rodriguez was never close enough 
to see what Ms. Ardeleanu and Mr. Sinyakov were selling, 
to have made such a determination as to what they were 
selling. 

Ms. Woodward also submitted an original letter and transla- 
tion attesting to Mr. Sinyakov' s being "a fairly renowned 
jewelry designer" who worked "since 1949 in Latvia." Ms. 
Woodward asked him to write to the company which bought 
his designs, many of which, she said, "are commercially 
produced and which Graciana, among other people, produce." 
Most Russian designs of silver and amber jewelry look 
similar; but they are made by different people. The problem 
was that her clients, who are Russian and have experience 
in Slavic countries making the jewelry, were making the 
same kinds of designs that are sold commercially. 

Ms. Woodward stated that there was a dearth of information 
before the Program Committee to the effect that her clients 
did not make the designs. If three people felt it was Grac- 
iana' s jewelry, she asked why evidence had not been presented 
to show that Graciana sold her clients the jewelry. 

Ms. Woodward submitted a folder of her clients' invoices 
which, she stated, was for the months of January through 
December, 1996, relating to purchases of beads, amber, 
and the rental of the casting studio in San Mateo. She said 
that her clients were prepared to accommodate the Advisory 
Committee with a second studio visit. 

In reference to the work her clients brought to the Commis- 
sioners, Ms. Woodward stated they brought a number of 
finished and unfinished pieces, including the cut stone 
referred to earlier which, she said, was really a part 
of an unfinished piece and not a stone to be sold sep- 
arately. There was no evidence to show that the stone cross 
had been sold or to whom it was sold or for how much. She 
showed what she called "a hand-cut stone . . . lapidary" which, 
she said, Mr. Sinyakov had cut. 

Program Director Lazar stated that the Art Commission had 
not certified Mr. Sinyakov for lapidary. 

Ms. Woodward stated that, in reference to Eunice Rodriguez' 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 7 



testimony that she saw Mr. Sinyakov sell illegal items, 

the person who was next to her clients on that day observed 

what happened. 

Street Artist Alexandra Zyo told the Commissioners that 
she had her booth next to Mr. Sinyakov, and she saw Eunice 
Rodriguez look over from a distance and say something to 
him "but never came up to see anything." To this, Commis- 
sioner Rogers read from Mrs. Rodriguez's letter: "'... I 
went very nicely to his table where he was standing hand- 
sketching the pieces of amber into a book... 1 " The Com- 
missioner stated that this implied that Mrs. Rodriguez 
walked over and stood at the table. 

Ms. Woodward stated that what was before the Commissioners 
was the question of whether her clients were selling items 
they had not made themselves, and there was no evidence 
that they did so; there was evidence, she said, that they 
were selling items that looked like items other people are 
marketing. Furthermore, she stated, if a street artist 
is certified to sell fabricated jewelry, the artist would 
not have to submit items to the Advisory Committee every 
time the artist "changed some small item in" the "design." 

Commissioner Rogers clarified that her clients had not 
convinced the Advisory Committee that they made the pieces 
they sold; the Advisory Committee remained thoroughly un- 
convinced that they made the items. 

Ms. Woodward stated that this happened because there was 
a communication problem: her clients had thought they were 
being examined only for casting. Until today ' s .hearing, 
she was not aware that they did not do an actual casting. 
There was confusion between what her clients thought was 
expected of them and the language difficulty that exists. 

Ms. Woodward went on to say that her clients had not con- 
vinced the Commission's staff possibly because there was 
"a sense of disbelief" that her clients "could make such 
high quality" fabricated and cast items which they had not 
been showing previously. This was why, she said, she pre- 
sented evidence that this was experiece they had in Russia 
"that they obviously weren't set up to do initially when 
they got here, and when they did, they did apply to do it." 

While her clients should have been more circumspect in 
dealing with the Advisory Committee and the Program Director 
in terms of what they needed to do to be certified, Ms. 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 8 



Woodward said, there was some confusion with the rules and 
a language problem. She asked that the Advisory Committee 
further investigate the issue of whether her clients sell 
what they make, and that more direct evidence be obtained 
that they received goods from a source that sells to the 
public. She questioned how her clients could afford to 
re-sell items they had purchased at the high wholesale prices 
offered by Graciana. There was evidence to show that her 
clients were "capable" of making the items they were selling; 
and the year's worth of invoices constituted evidence that 
they bought the materials and rented the equipment to make 
the kinds of items they were selling. She asked that the 
Program Director make further investigation and report at 
a later hearing. 

Advisory Committee Members Porkola and Grant were directed 
to examine the invoices Ms. Woodward presented. 

In response to questions by the Program Director, Street 
Artist Eunice Rodriguez stated that, in reference to her 
complaint, she "walked up to" Mr. Sinyakov who was behind 
his display and stood "to the side of the table" when she 
asked him whether he had received the Art Commission's 
approval to sell the pieces. 

The Program Director clarified that the act of selling an 
illegal item is not required as evidence to support the 
violation, for the street artist ordinance provides that 
to merely "offer for sale" or "expose for sale" items not 
certified by the Commission constitutes a violation. There- 
fore, evidence in the form of a customer's statement is 
not necessary. Also, Mr. Sinyakov never showed the Advisory 
Committee he could cut stones; the Committee would not 
approve his offering for sale any cut stone items unless 
he proved he cut them. 

The Program Director went on to say that it was possible 
for a jewelry company to very easily have street artists 
as agents selling its items; the items could be given to 
them on consignment. The evidence of the purchased pieces 
of jewelry from Graciana, the store's catalogue, the photos 
taken by the Program Director and Advisory Committee Member 
Porkola, the unsatisfactory studio visit, and the state- 
ments given by four artists - two of whom are considered 
as art experts nominated by the Art Commission to serve 
on its Advisory Committee - constituted a preponderance 
of evidence. The City Attorney advised the Commission 
to determine a preponderance of evidence in its hearings 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 9 



on street artist violations. 

While it may eventually be proven that Mr. Sinyakov can 
make silver and amber jewelry, the Program Director said 
that what is at issue is that Mr. Sinyakov and Ms. Ardeleanu 
demonstrated deception in obtaining their certificates when 
they sold items for which they were not certified and con- 
tinued to sell the items after they had received a written 
warning followed by verbal warnings from both the Advisory 
Committee and the Program Director to refrain from selling 
the items. 

In addition to their ongoing display of uncertified silver 
and amber, the Program Director stated that in 1995 Ms. 
Ardeleanu requested certification for painted papier 
mache pins and boxes; the Advisory Committee watched her 
paint the items in comparison with the finished pieces she 
wished to sell, determined that the finished items were 
of a higher calibre of craftsmanship than that which she 
demonstrated, and wrote on her application: "WARNING: NOT 
TO SELL IMPORTED ITEMS ..." This was one more reason why 
the Program Director was not inclined to trust the two 
certificate-holders to sell what they make. He did not 
feel that the Commission should be convinced to allow them 
to sell the jewelry and to let them not serve a suspension. 

Ms. Woodward stated that what Ms. Ardeleanu may or may not 
have done in 1995 should not impact the credibility 
or certificate of Mr. Sinyakov. As for warnings, she said 
that the second page of the notice of hearing her clients 
received states: "Pending final action, you are free to 
continue the sales activities for which you are certified," 
and this represented a mixed message in the form of the 
hearing notice of what they can and cannot sell. 

In response to this, the Program Director clarified that 
Ms. Woodward's clients were free to sell the certified 
fabricated metal and stone jewelry that was observed and 
approved by the Advisory Committee. Commissioner Rogers 
concurred with this. 

Street Artist Leah Mazor stated that while she herself, 
having been in this country only four years, has difficulty 
with English, if a message is important to her, she will 
find a person to explain it to her. 

After examining the invoices Ms. Woodward submitted, Ad- 
visory Committee Member Mathew Porkola stated that Ms. Grant 
and he found only two receipts for amber and this did not 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 10 



cover the numerous shapes of items her clients displayed. 
Furthermore, both invoices were photocopies with dates 
appearing to have been changed. 

In response to a question from Commissioner Rogers, Mr. 
Porkola stated that what he had observed on Mr. Sinyakov's 
table had no reference to anything his Committee had ever 
screened of Mr. Sinyakov's or Ms. Ardeleanu's work. 

Advisory Committee Member Josie Grant stated that her 
Committee had made their concerns explicit to the two 
certificate-holders. They demonstrated working with wax, 
but it did not match the detailing; the studio visit itself 
did not prove to them that the two made their work. Most 
of the receipts were dated in December - after the studio 
visit of November. In viewing the work that was now being 
shown to the Commissioners, Ms. Grant said she had not seen 
any of these pieces before. 

Mr. Porkola added that when he went to the Graciana showroom, 
he saw reasonable wholesale prices, as a bracelet for $18 
and a pair of earrings for $9, and a large supply of half- 
off items; given the prices of fine jewelry that artists 
sell, it would be possible to get $30, $40, or $80 for 
a necklace on the street. 

Commissioner Freebairn-Smith stated that, in evaluat- 
ing the material received at the hearing, his instinct 
was to be very cautious in the matter, as it was quite sig- 
nificant to the Commission; even if there was a serious 
misunderstanding arising from a language difficulty, it 
was a matter of great consequence to other street artists. 
He would advocate a resolution to the matter which would 
stop the possibility of commercially manufactured items 
being presented to the public. 

Commissioner Rogers stated that, without touching on the 
issue of the artists' ability to make the items, he was 
troubled by a distinct lack of respect the artists have 
shown for both the Program's rules and the Advisory Commit- 
tee. A great deal of effort went into screenings and studio 
visits, and in this case the Advisory Committee came away 
completely unconvinced that the two artists were making 
the material they were selling. The two artists now showed 
receipts - which was an issue - and the Advisory Committee 
remained unconvinced. In addition, the two artists had 
items for sale on their table that were not cleared for 
sale by the Advisory Committee. He could appreciate the 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 11 



point raised by Ms. Woodward of extending the benefit of 
doubt to her clients; but that had been done over a great 
length of time through warnings that would be impossible 
not to understand that there was a problem. No effort was 
made on the part of the artists to seek clarification of 
the matter, or try to convince the staff or the Advisory 
Committee of their sincerity. Instead, there was "an almost 
arrogant disregard for the whole process," and that is what 
most bothered the Commissioner. The Commission invested 
the Advisory Committee with much authority and relied on 
the skills of its members; they testified that the material 
that was offered for sale was not made by Mr. Sinyakov and 
Ms. Ardeleanu. He wished to correct this with a suspension 
of their certificates. 

The Commissioner went on to say that if between now and 
when the suspension commences Mr. Sinyakov and Ms. Ardeleanu 
request a re-screening to convince the Advisory Committee, 
he would be willing to have the two artists come back before 
the Program Committee, hear the testimony, and consider 
waiving the suspension. 

Commissioner Rogers moved that it be found that Polina 
Ardeleanu and Valery Sinyakov had violated the street artist 
ordinance by offering for sale items not of their own 
creation (commercially manufactured cast and fabricated 
metal and amber jewelry) and for offering for sale items 
which had not been approved by the Advisory Committee, and 
that their certificates be suspended for a period of two 
months; the motion was seconded by Commissioner Freebairn- 
Smith. 

Commissioner Rogers clarified that it would take the thorough 
convincing of the Advisory Committee of the two artists' 
ability to create the cast and fabricated metal and amber 
jewelry in order for the Program Committee to consider 
waiving the suspension. 

After it was determined that the suspension would commence 
prior to the next Program Committee meeting, Commissioner 
Freebairn-Smith moved to amend the motion to stay the suspen- 
sion until after the Program Committee hearing of February 
12, 1997; the motion was seconded by Commissioner Rogers. 
The motion as amended was unanimously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE REQUEST FOR CERTIF- 
ICATION OF CRAFT ITEM 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 12 



Polina Ardeleanu and Valery Sinyakov (Certificates # 4731 
and # 4755). Request for certification: cast metal and 
amber jewelry. Commissioner Rogers continued the item to 
the meeting of February 12th. 

III HEARING AND POSSIBLE MOTION TO APPROVE NEW LOTTERY RULE: 
LAST NUMBER FOR STREET ARTIST LATE FOR LOTTERY 

Street Artist Virginia Burris proposed language for a new 
rule providing for the issuance of a last number to any 
street artist arriving late to enter his/her number in the 
lottery or who forgets to enter his/her number. Street 
Artists Edward Steneck, John Shaw, and Juanita Ha vet 
expressed the need for various amendments to the language. 
Commissioner Rogers tabled the item and asked that Ms. Burris 
meet with the Lottery Committee to re-draft the language 
for re-submittal to the Program Committee. 

IV HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO AMEND 
ORD. 41-83 (STREET ARTIST ORDINANCE), SECTION 2405(c)(3) 
BY INCREASING THE HEIGHT LIMIT OF STREET ARTIST DISPLAYS 
FROM THE PRESENT FIVE (5) FEET ABOVE ANY SIDEWALK TO SIX 
(6) FEET ABOVE ANY SIDEWALK 

Street Artist Mike Granatt spoke about his proposal to amend 
the ordinance which would allow him to exhibit his sculpture 
pieces on a shelf five feet above the sidewalk, thereby 
making the display of his items exceed the present five- 
foot limit. This would also allow other artists an 
opportunity to display more items. Street Artists Margaret 
Granatt, Jose DaSilva, and Maria Hillius expressed support 
for the proposal. 

Ms. Linda Mjellem, Executive Director of Union Square Assoc- 
iation expressed her members' opposition to the proposal, 
and stated that her members, many of whom pay $30 per square 
foot, were concerned that their display windows would be 
blocked, that the increase could block the view of traffic 
by pedestrians, thereby creating a potential safety hazard, 
and that any changes in requirements for the street artist 
displays may not be consistent with the Streetscape Plan. 

The Commissioners acknowledged receiving letters of opposi- 
tion not only from Ms. Mjellem but also from Mr. Louis 
Meunier, Executive Vice President of Macy ' s West, Ms. Car- 
olyn Diamond, Executive Director of Market Street Associa- 
tion, and Mr. Christopher Martin, General Manager of The 
Cannery . 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 13 



Also expressing opposition to the proposal were Street Art- 
ists Alex George, Abby Ellis, Eunice Rodriguez, Leah Mazor, 
and John Shaw from whom the following reasons were given: 
a solid six-foot display would block much of the sunlight 
from a neighboring artist's display from 3 o'clock on; 
most artists would not be able to see over their six-foot 
display; an artist's six-foot display would block the view 
of his neighbor's products. 

Commissioner Freebairn-Smith commented that many retailers 
were very sensitive to any increase in obstruction of view, 
including certain tree branches, and that there was not 
a powerful advocacy to justify adding a foot to the height 
of the displays. Commissioner Rogers concurred, stating 
that, in his experience as a landscape architect, a six- 
foot height of anything generally gets a reaction. 

No motion was made to approve the proposal. 

HEARING AND POSSIBLE MOTION TO APPROVE ELIMINATION OF CLIFF 
HOUSE LOTTERY AT POINT LOBOS AND TO COMBINE CLIFF HOUSE 
AND FISHERMAN'S WHARF LOTTERIES INTO ONE LOTTERY TO BE HELD 
AT SAME TIME AND PLACE CURRENTLY HELD FOR WHARF LOTTERY 

Street Artist Virginia Burris referred to a petition of 
over 100 street artist signatures she obtained in support 
of the proposal and stated that it would make the three 
spaces at Point Lobos more accessible to the 200 artists 
who use the Wharf lottery. Expressing their support were 
Street Artists Maria Hillius and Jose DaSilva; Mrs. Hillius 
suggested that the proposal be implemented for a year. 

Street Artist Sharon MacDougall presented a petition of 
28 signatures in opposition to the proposal and was joined 
by Street Artists Eunice Rodriguez, Chrys Camperlino, John 
Scanlon, Juanita Havet, Alex George, Toney Burkhart, Vir- 
ginia Travers, Edward Steneck, and John Shaw from whom the 
following comments opposing the proposal were received by 
the Commissioners: the Cliff House Lottery has worked well 
for 20 years and is open to all artists; if the three spaces 
were put in a lottery with the other spaces, an artist's 
chances of obtaining one of the three Point Lobos spaces 
would be seriously reduced; the busloads of tourists come 
to the Point Lobos spaces at 9:00 a.m., the time the Wharf 
lottery starts - if the spaces were put into the Wharf lot- 
tery, the artists getting the Point Lobos spaces would 
miss a significant portion of their customers; not all art- 
ists would like to sell at Point Lobos because the weather 



STREET ARTISTS PROGRAM COMMITTEE - January 8, 1997 Page 14 



is often cold and tends to pit the jewelry; the people who 
signed Ms. Burris's petition have no experience of selling 
at Point Lobos; it isn't a hardship to get to the Cliff 
House lottery even if you come from Mill Valley or South 
San Francisco; artists were lobbied to sign the petition 
without receiving an adequate explanation of what it was 
about . 

Commissioner Freebairn-Smith noted that very few of the 
116 people who signed the petition were in attendance, 
whereas the preponderance of testimony came from those 
in opposition. No compelling argument had been received 
to change the Cliff House Lottery; the Commissioner was 
persuaded by the people who wanted it left as is. 

No motion was made for approval of the proposal. 

VI HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO ELIMINATE 
LEAVENWORTH STREET LOTTERY AND TO LOTTERIZE THE TEN SPACES 
ON LEAVENWORTH STREET (JEFFERSON TO BEACH STREETS) AS PART 
OF THE FISHERMAN'S WHARF LOTTERY 

Program Director Lazar gave a history of the ten spaces 
allocated over twenty years ago by the Board of Supervisors, 
their use by portrait artists since then, and the Art Com- 
mission's creation by resolution in 1980 of the Leavenworth 
Street Lottery to assign the spaces. 

Street Artist Mike Granatt, who submitted the proposal, 
put forth his argument that there was no provision in the 
street artist ordinance to reserve certain spaces for artists 
of a specific craft, and portrait artists were able to obtain 
viable spaces by participating in both the Leavenworth and 
the Wharf lotteries. Also in support of the proposal was 
Street Artist Margaret Granatt. 

Street Artists Martin Butschek, Eunice Rodriguez, Gerard 
Pepper Cracas, Lisa Jiang, Barry Prager, and Virginia Burris 
expressed ooposition to the proposal for the following rea- 
sons: the spaces are sheltered from the wind and ideal for 
doing portraits; that side of the street was being used 
by portrait artists and cartoonists long before the Street 
Artists Program was created twenty-five years ago; every 
major city in the world has a special area for portrait 
artists like San Francisco's; the tourists look for this 
special area; if all the portrait artists were forced into 
the Wharf lottery to obtain spaces on congested thoroughfares 
like Beach Street, the crowds generated by the portrait 



STREET ARTISTS PROGRAM COMMITTEE - January 8 f 1997 Page 15 



artists would add to the congestion and create problems 
for the other artists; the addition of all the portrait 
artists into the Wharf lottery would seriously impact the 
the existing shortage of spaces; the management of The Can- 
nery stated in 1980 that the only reason The Cannery would 
tolerate the spaces was if they were used exclusively by 
portrait artists; a portrait artist occupying the first 
of the ten spaces draws the public's attention to the other 
nine artists who otherwise would not be readily observed 
on this of f-the-beaten-track side street; if the first space 
were to be occupied by a jeweler, for example, the public's 
attention would be drawn to the jewelers and other artists 
along Jefferson Street; without portrait artists on Leaven- 
worth Street entertaining the people who watch them sketch, 
the street would atrophy. 

In response to Commissioner Rogers, ten portrait artists 
raised their hands to oppose the proposal. Street Artist 
Martin Butschek submitted a petition to keep the spaces 
for the artists. The Commissioners acknowledged also that 
Mr. Christopher Martin, General Manager of The Cannery, 
had again written to oppose the proposal. 

Commissioner Freebairn-Smith commented that there was a 
preponderance of support to keep the Leavenworth Street 
Lottery. He stated that he was a proponent of the Program 
and felt that it was beneficial for the Program to have 
a group of artists benefitting from an area for their art. 
He acknowledged Mr. Christopher Martin as an ally of the 
Program. Commissioner Rogers concurred. 

No motion was made to approve the proposal. 

VTI HEARING AND POSSIBLE MOTION TO APPROVE EXTENDED TIME PERIOD 
FOR AMENDMENT OF LOTTERY OCCUPANCY RULE WHICH ELIMINATED 
PROVISION FOR A "MARKED" (ASSIGNED) SPACE TO REMAIN VACANT 
UNTIL THE ASSIGNED ARTIST USES IT, AND PROVIDED FOR A LOTTERY 
TO BE HELD AFTER THE NOON LOTTERY TO DISTRIBUTE VACANT 
ASSIGNED SPACES AMONG NON-ASSIGNED ARTISTS WHO MAY OCCUPY 
SUCH SPACES UNTIL SUCH TIME AS THEY ARE OCCUPIED BY THE 
ASSIGNED ARTISTS (amendment approved by full Art Commission 
on May 1, 1995) 

Commissioner Rogers tabled the item. 

Commissioner Rogers moved to adjourn the meeting; the motion 
was seconded by Commissioner Freebairn-Smith and unanimously 
approved. The meeting adjourned at 6:03 p.m. 



Respectfully submitted: 

Howard Lazar, Director 
Street Artists Program 



•75 



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V?7 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

OPS Symphony Concerts 

Public Art 



SAN FRANCISCO ART COMMISSION 



s 



STREET ARTISTS PROGRAM COMMITTEE 



Wednesday, February 12, 1997 
3:00 p.m. 

Art Commission Conference Room DOCUMENTS DEPT 
Suite 70 (basement area) 

2 5 Van Ness Avenue F£g ng 1997 

San Francisco, California 

SAN FRANCISCO 
AGENDA PUBLIC LIBRARr 



Street Artists Licenses 

Suite 70 

415.252.2581 



it Commission Gallery 

401 Van Ness Avenue 

415.554.6080 



Note: Public testimony is invited and shall be limited 
(3) minutes per person. No member of the public 
shall cross-examine another member of the public 
unless approved by the Program Committee. 




to three 
or witness 
or witness 



I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST FOR CERT- 
IFICATION OF CRAFT ITEM 

Polina Ardeleanu and Valery Sinyakov (Certificates # 4731 
and # 4755). Request for certification: cast and fabri- 
cated metal and amber jewelry, (continued from 1/8/97) 

II HEARING AND POSSIBLE MOTION TO WAIVE SUSPENSION OF CERT- 
IFICATES 

Polina Ardeleanu and Valery Sinyakov (Certificates § 4731 
and # 4755). Hearing to consider waiving suspension of 
certificates resulting from 1/8/97 Committee finding that 
the artists had offered for sale items not of their own 
creation and not approved by the Advisory Committee. 

III HEARING AND POSSIBLE MOTION TO APPROVE DATE OF CELEBRATION 
AND STREET CLOSURE FOR 25TH ANNIVERSARY OF STREET ARTISTS 
PROGRAM 

IV HEARING AND POSSIBLE MOTION TO APPROVE NAMES OF STREET 
ARTISTS TO SERVE ON "25TH ANNIVERSARY COMMITTEE" 

V PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VI PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

VII ADJOURNMENT 



City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



* 



ACCESSIBILITY INFORMATION 

^Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 
Americans with Disabilities Act, all City agencies will make reasonable accommodations to 
the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue 
and Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market. 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or 
related disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting 
accessibility. In order to assist the city's efforts to accommodate such people, attendees at 
public meetings are reminded that other attendees may be sensitive to various chemical based 
products. Please help the city to accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available 
upon request at meetings. Please contact Liz Lerma in the Community Arts and Education 
Program at (415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if 
possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. 

Commissions, boards, councils and other agencies of the City and County exist to conduct the people's 
business. This ordinance assures that deliberations are conducted before the people and that City operations are 
open to the people's review. 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO 
REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHIRE ORDINANCE TASK FORCE 
AT 554-6Q3£ 4§S" I 





s 


F 


F 


A 


c 


'D*! 


5 





SAN FRANCISCO^RT COMMISSID 



N 



STREET ARTISTS PROGRAM COMMITTEE 



PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

'OPS Symphony Concerts 

public ARTCommissioners present: 



.February 12, 1997 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



DOCUMENTS DEFT, 
MAR 4 1997 

CAN FRANCISCO 
PU8UC LIBRARY 



M 



N U 



Emery Rogers, Rod Freebairn-Smith 
Dede Wilsey 



Street Artists Licenses CommiS Sioner absent ! 
Suite 70 

Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 
RT 4 C rv M A N n°ess G a A v L enuI Certification Clerk Antoinette Worthy 

415.554.6080 

Commissioner Rogers, Chair, called the meeting to order at 3:00 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST FOR CERT- 
IFICATION OF CRAFT ITEM 




City and County of 
San Francisco 



Polina Ardeleanu and Valery Sinyakov (Certificates § 4731 
and 4755). Request for certification: cast and fabricated 
metal and amber jewelry. (continued from 1/8/97) 

Ms. Ardeleanu and Mr. Sinyakov were not present. The Com- 
mittee reviewed the findings contained in the minutes of 
the Advisory Committee of Street Artists and Craftsmen 
Examiners regarding the Advisory Committee's February 6th 
visit to the two artists' studio. The purpose of the studio 
visit was to verify whether the artists created the cast 
and fabricated metal and amber jewelry they had been found 
selling. According to the Advisory Committee's minutes: 
there was "a discrepancy" between the artists' inventory 
of 65 medium to large finished pieces and "only about 7 
pieces in progress." The Advisory Committee members noted 
that "the volume of work" they saw did not "match the studio 
time and raw materials" observed: "We are not seeing 
production techniques." Furthermore, the artists' tool 
stamps did not match the stamp imprints on their jewelry: 
"On a display tray of 25 pendants & pins, over half also 
bear stamps NOT matching the ones they own." The Advisory 
Committee noted also that one item, a snail pendant, which 
Mr. Sinyakov was asked to reproduce was "much thinner than 
the snail" pendant he had been offering for sale. The 
Committee concluded that the "volume of inventory doesn't 
match" the observed "work ability," and "we don't recommend 
licensing in either fabrication or casting." 

The Commissioners asked the Program Director to convey 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - February 12, 1997 Page 2 



their appreciation to the Advisory Committee members for 
their thorough investigation which had comprised two 
separate studio visits as well as an examination-screening 
at the Art Commission. 

No motion was made on the request . 

II HEARING AND POSSIBLE MOTION TO WAIVE SUSPENSION OF CERTIF- 
ICATES 

Polina Ardeleanu and Valery Sinyakov (Certificates § 4731 
and # 4755). Hearing to consider waiving suspension of 
certificates resulting from 1/8/97 Committee finding that 
the artists had offered for sale items not of their own 
creation and not approved by the Advisory Committee. 

Ms. Ardeleanu and Mr. Sinyakov were not present. 

Commissioner Freebairn-Smith expressed his appreciation 
for the letters, relative to this matter, sent by former 
Street Artist John Bass and Street Artist Eunice Rodriguez. 

No motion was made. 

III HEARING AND POSSIBLE MOTION TO APPROVE DATE OF CELEBRATION 
AND STREET CLOSURE FOR 25TH ANNIVERSARY OF STREET ARTISTS 
PROGRAM 

Program Director Lazar reported on the responses he received 
from the store merchants he spoke with in reference to 
the possible closure of Beach Street, Hyde to Larkin 
Streets, for a street fair-type celebration of the Program's 
25th anniversary, with street artists selling in the street 
among performers and food vendors on a Saturday or Sunday 
in August or September. Of the 24 he queried (including 
the 2 main business complexes - Ghirardelli Square and 
The Cannery - and all 14 stores on the block proposed for 
closure), 17 said "yes" to the idea, 2 were undecided, 
and 5 gave no response. Of the 14 stores (including art 
galleries, clothing stores, and camera stores) on the block 
proposed for closure, 8 said "yes," 2 were undecided, and 
4 gave no response. The Program received the endorsement 
of the Executive Secretary of the Fisherman's Wharf 
Merchants Association. 

The Program Director went on to say that the stores favored 
the idea as an event whose publicity and crowds would bene- 
fit both the stores and the street artists. Some of the 



STREET ARTISTS PROGRAM COMMITTEE - February 12 , 1997 Page 3 



merchants expressed their wish that the street closure 
not take place until mid- September : to do so in July or 
August would create intolerable traffic congestion on the 
adjacent blocks at the Wharf; secondly, a well-publicized 
event could attract much-needed customers in September. 

Commissioner Freebairn-Smith moved to authorize the 25th 
Anniversary Committee to consider for approval either 
September 13 or 14, 1997 or an alternate date for the 
street closure-celebration of the 25th anniversary of the 
Street Artists Program; the motion was seconded by Com- 
missioner Rogers and unanimously approved. 

Commissioner Freebairn-Smith asked that the minutes reflect 
the Committee's view that the Program Director made a wise 
management decision to poll the merchants of the impacted 
area. 

IV HEARING AND POSSIBLE MOTION TO APPROVE NAMES OF STREET 
ARTISTS TO SERVE ON "25TH ANNIVERSARY COMMITTEE" 

The Commissioners acknowledged that letters had been sent 
to the Program's 430 street artists inviting those 
interested to express in writing their reasons for wishing 
to serve on the Committee. The Program received 7 
responses . 

Commissioner Rogers moved that there be created an Ad Hoc 
Committee for the 25th Anniversary of the Street Artists 
Program constituted by Street Artists Nancy Evans, Harvey 
Koslow, Randall Larson, Theresa Mabalatan, Sandra O'Brien, 
Tad Sky, Virginia Travers and Commissioners Rod Freebairn- 
Smith, Emery Rogers, and Dede Wilsey as ex-officio members 
to meet at times and places of the Committee's choosing, 
and that it be recommended that the Ad Hoc Committee elect 
Sandra O'Brien as chairperson; the motion was seconded 
by Commissioner Freebairn-Smith and unanimously approved. 

V PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

After receiving no public comment, Commissioner Rogers 
moved to adjourn the meeting; the motion was seconded by 
Commissioner Freebairn-Smith and unanimously approved. 
The meeting adjourned at 3:45 p.m. 



Respectfully submitted: 

Howard Lazar, Director 
Street Artists Program 



S F 



A C 



SAN FRANCISCO ART CO MM I S S I O N 



o. r 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Equity Grants 

)PS Symphony Concerts 

Public Art 



Pi no. is 



STREET ARTISTS PROGRAM COMMITTEE 

* ^- ■ 



Wednesday, ^Marc h 12 , 1997^ 
3:00^pmn ' 
Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 

.AGENDA 



DOCUMENTS DEPT, 

mR 7 1997 

f AN FRANC/SCO 
^BLIC LIBRARY 



street artists licenses Note: Public testimony is invited and shall be limited to three 

415. 252^58° (3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



Commission Gallery 

401 Van Ness Avenue 

415.554.6080 



I HEARING AND POSSIBLE MOTION TO APPROVE AMENDMENT TO RES- 
OLUTION NO. 1209-96-561 TO REMOVE FROM THE REGULAR STREET 
ARTIST LOTTERY SPACES USED /ADVERSELY AFFECTED BY FILM 
COMPANIES AND PHOTOGRAPHERS AND TO PLACE SUCH SPACES INTO 
A SEPARATE LOTTERY OPEN TO ALL STREET ARTISTS INCLUDING 
LOTTERY COMMITTEE MEMBERS AND HELPERS WITH THE EXCEPTION 
OF ANY HELPER RECEIVING THE LAST NUMBER IN THE PREVIOUS 
REGULAR LOTTERY WHO MAY USE HELPERSHIP PRIORITY IN SELECT- 
ING SUCH USED/ AFFECTED SPACES, AND TO PROHIBIT LOTTERY 
COMMITTEE MEMBERS AND OTHER HELPERS FROM RECEIVING PRIORITY 
IN SELECTING SUCH SPACES; LOTTERY FOR SUCH SPACES TO OCCUR 
PRIOR TO REGULAR (9:00 A.M.) OR SECONDARY (9:30 A.M.) LOT- 
TERIES 

II HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO PLACE 
THE DOWNTOWN AND WHARF SPACES INTO ONE LOTTERY 



III 



IV 




HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO PLACE 
LEAVENWORTH STREET SPACES IN MAIN WHARF LOTTERY AND TO 
REQUIRE PORTRAIT ARTISTS/ CARTOONISTS /FUNSKETCHERS TO USE 
THEIR MAIN LOTTERY NUMBERS TO OBTAIN LEAVENWORTH SPACES 

PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subj ect matter 
jurisdiction of the Commission except agenda items.) 

ADJOURNMENT 



City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 
Americans with Disabilities Act, all City agencies will make reasonable accommodations to 
the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings -of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. : 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue 
and Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and. N Trains—stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses— serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or 
related disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting 
accessibility. In order to assist the city's efforts to accommodate such people, attendees at 
public meetings are reminded that other attendees may be sensitive to various chemical based 
products. Please help the city to accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available 
upon request at meetings. Please contact Liz Lerma in the Community Arts and Education 
Program at (415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if 
possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. 

Commissions, boards, councils and other agencies of the City and County exist to conduct the people's 
business. This ordinance assures that deliberations are conducted before the people and that City operations are 
open to the people's review. 

FOR MORE rNFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO 
REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHIRE ORDINANCE TASK FORCE 
AT 554.4 851 






5.75" 



Hi 



S F 



A C 



PROGRAMS 



SAN FRANCISCO ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 




Wednesday, Jlarch 12, 1997 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



W/ 



DOCUMENTS DEP 

MAR 2i 1997 

SAN FRANCISCO 
PUBLIC LIBRARY 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education MINUTES 

Cultural Equity Grants 
OPS Symphony Concerts 

public art c omm issioners present: Emery Rogers, Rod Freebairn-Smith 
street artists licenses Commissioner absent: Dede Wilsey 

Suite 70 
415.252.2581 

Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 

t Commission Gallery 
401 Van Ness Avenue 

415 554.6080 Commissioner Rogers, Chair, called the meeting to order at 3:20 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE AMENDMENT TO RESOL- 
UTION NO. 1209-96-561 TO REMOVE FROM THE REGULAR STREET 
ARTIST LOTTERY SPACES USED /ADVERSELY AFFECTED BY FILM 
COMPANIES AND PHOTOGRAPHERS AND TO PLACE SUCH SPACES INTO 
A SEPARATE LOTTERY OPEN TO ALL STREET ARTISTS INCLUDING 
LOTTERY COMMITTEE MEMBERS AND HELPERS WITH THE EXCEPTION 
OF ANY HELPER RECEIVING THE LAST NUMBER IN THE PREVIOUS 
REGULAR LOTTERY WHO MAY USE HELPERSHIP PRIORITY IN SELECT- 
ING SUCH USED/ AFFECTED SPACES, AND TO PROHIBIT LOTTERY 
COMMITTEE MEMBERS AND OTHER HELPERS FROM RECEIVING PRIORITY 
IN SELECTING SUCH SPACES; LOTTERY FOR SUCH SPACES TO OCCUR 
PRIOR TO REGULAR (9:00 A.M.) OR SECONDARY (9:30 A.M.) 
LOTTERIES 

The Program Director submitted a written proposal from 
Street Artists Bill Clark, Virginia Travers, and Valerie 
Bergez which the Program received shortly after a recent 
incident in which a lottery committee member and selected 
lottery helpers, exercising an existing lottery rule 
allowing them priority above all artists in choosing spaces, 
selected the "movie compensation" spaces that had been 
intended to be placed in the lottery for all artists. The 
proposal attempted to correct this inequity, in keeping 
with the Art Commission's intent to give all artists at 
a lottery the opportunity to compete for such spaces. 

Street Artists Matt Summers, Robert Clark, and Eunice Rod- 
riguez urged that the proposal be amended to not allow 
any helper - not even a helper who received the last number 
in the previous lottery - to have priority in selecting 
"movie compensation" spaces. 

Street Artists Gerard Pepper Cracas and Matt Summers urged 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - March 12, 1997 Page 2 



that the proposal be amended to provide that the lottery 
for "movie compensation" spaces start at 9:00 a.m., the 
time of the regular lottery, or at 9:30 a.m., the time 
of the secondary lottery, to ensure the presence of all 
artists who would be showing up for the regular or secondary 
lottery of the day. 

Commissioner Freebairn-Smith moved that the proposal be 
approved and amended by deleting the phrase "with the 
exception of any helper receiving the last number in the 
previous regular lottery who may use helpership priority 
in selecting such used/affected spaces," by deleting the 
word "other" before "helpers," and by deleting 
the phrase "prior to regular (9:00 a.m.) or secondary (9:30 
a.m.) lotteries" and replacing it with the phrase "at 9:00 
a.m. prior to regular lottery or at 9:30 a.m. prior to 
secondary lottery," to read in its entirety as follows: 

Motion to approve amendment to Resolution No. 120 9- 
9 6-5 61 to remove from the regular street artist 
lottery spaces used/ adversely affected by film 
companies and photographers and to place such spaces 
into a separate lottery open to all street artists 
including Lottery Committee members and helpers, and 
to prohibit Lottery Committee members and helpers 
from receiving priority in selecting such spaces; 
lottery for such spaces to occur at 9:00 a.m. prior 
to regular lottery or at 9:30 a.m. prior to second- 
ary lottery. 

The motion was seconded by Commissioner Rogers and unan- 
imously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO PLACE 
THE DOWNTOWN AND WHARF SPACES INTO ONE LOTTERY 

Program Director Lazar submitted a written proposal from 
Street Artists Martin Butschek and Gerard Pepper Cracas. 

The following Street Artists expressed their support of 
the proposal: Martin Butschek, Pepper Cracas, Mark Mon- 
sarrat, Kathy Hallinan, John Cracas, Robert Clark. 
These people made the following points : 

1) The present lottery system for separate areas is 
unfair; there should be one lottery and one sign-up sheet 
for all the spaces, including the Cliff House spaces. 



STREET ARTISTS PROGRAM COMMITTEE - March 12, 1997 Page 3 



2) The proposal should be tried for a six-month period. 

3) The proposal would benefit single (non-family unit) 
certificate-holders . 

4) The present system allows for a monopolization by 
some 100 artists for both the Downtown and Wharf spaces. 

5) Combining the lotteries would reduce the number 
of days the artists spend in going to the lotteries. 

6) It would be more efficient for Lottery Committee 
members to lotterize all spaces at once. 

7 ) Combining the lotteries would eliminate the need 
for three extra lottery helpers who now have priority 
in choosing spaces; therefore, there would be three 
additional prime spaces offered to everyone in the lottery. 

The following Street Artists expressed their opposition 
to the proposal: Eunice Rodriguez, Sharon MacDougall, 
Vivian Lee, Matt Summers, Debbie Hong, Gary Freed, Gail 
Mitchell-Wilson, Linda Freed. These people made the 
following points: 

1) Many artists presently take too much time in studying 
the spaces sign-up sheet, keeping others waiting; combining 
the lotteries would increase such time delays especially 
during the Christmas season with large numbers of artists 
using the Downtown lottery. 

2 ) It would be a bad idea because it would be cumber- 
some and take at least thirty minutes longer. 

3) Most artists do not want a "gigantic" lottery; at 
present, all artists are eligible to participate in both 
lotteries. 

4) The Downtown lottery during the Christmas season 
already takes too much time; combining it with Wharf spaces 
would add more time to it. 

5) Artists have adjusted their personal life to the 
present lottery system; changing the lottery times would 
have significant repercussions on parents who would have 
to readjust their child-care hours. 

6) Combining the lotteries would not necessarily make 



STREET ARTISTS PROGRAM COMMITTEE - March .12, 1997 Page 4 



it more efficient for Lottery Committee members because, 
as it is now, Lottery members do not always stay for the 
duration of their lotteries and have helpers finish the 
lotteries for them. 

7) It would be a hardship for artists who do not have 
cars and would have a difficult time trying to attend a 
lottery every day. 

Street Artist Therese Koller proposed that the Program 
Director retain the number sheets and sign-up sheets of 
both lotteries for the next month for an assessment of 
lottery attendance. Street Artists Matt Summers and 
Gail Mitchell-Wilson expressed that a present assessment 
of usage of Downtown spaces would not be fair, as most 
Downtown artists do not come out until summer. 

Street Artist Robert Clark expressed his feelings of upset 
over seeing the issue polarize street artists into referring 
to themselves as "Downtown people" or "Wharf people." He 
had worked hard in obtaining a voter-approved program for 
all street artists and not a dual system that would divide 
people. The artists should work together. He asked the 
Commissioners to give the issue more time for consideration 
and to allow the artists to send their written opinions 
to the Program Director. 

Commissioner Rogers concurred and stated that he himself 
had attended the lottery several times and had seen that 
at present the lottery takes a considerable amount of time. 

Commissioner Freebairn-Smith stated that, given the testi- 
mony received, he had not yet ascertained the existence 
of a group of artists suffering under the present system 
or a genuine advantage in changing the system. 

Commissioner Rogers continued the item until the meeting 
of May 14th to enable the artists to submit written opin- 
ions to the Program Director for referral to the Committee. 

Ill HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO PLACE 
LEAVENWORTH STREET SPACES IN MAIN WHARF LOTTERY AND TO 
REQUIRE PORTRAIT ARTISTS/CARTOONISTS/FUNSKETCHERS TO USE 
THEIR MAIN LOTTERY NUMBERS TO OBTAIN LEAVENWORTH SPACES 

The Program Director submitted a proposal from Street Artist 
Robert Clark which, he said, addressed the issue of the 
ability of portrait artists/funsketchers to enter not only 



STREET ARTISTS PROGRAM COMMITTEE - March 12, 1997 Page 5 



their own Leavenworth Street Lottery but the other lotteries 
and the inability of non-portrait artists/f unsketchers 
to enter the Leavenworth Street Lottery. According to 
the proposal, this has resulted in portrait artists/f un- 
sketchers entering both the Saturday Leavenworth lottery 
and the Saturday main Wharf lottery, using their Leavenworth 
number to sell in a Leavenworth space on Saturday, and 
saving their main Wharf number to choose a space on Jeffer- 
son Street or Beach Street on Sunday which prevents non- 
portrait artists/funsketchers with higher main Wharf numbers 
from selling in such prime locations. In addition, the 
proposal maintained that the situation was particularly 
a hardship for those craftspeople who must produce their 
craft ir their studio and depend on the possibility of 
obtaining a prime space on the weekend - in contrast with 
portrait artists/funsketchers whose craft allows them to 
sell seven days a week. While the proposal did not advocate 
that non-portrait artists/funsketchers have the ability 
to sell in Leavenworth spaces, it attempted to remedy the 
inequity by requiring portrait artists/funsketchers to 
use main Wharf lottery numbers to obtain Leavenworth spaces. 

The following artists expressed their support of the 
proposal : Robert Clark, Mark Monsarrat, Kathy Hallinan, 
John Cracas, Eunice Rodriguez, Gary Freed, Mike Granatt. 
These people made the following points: 

1) Of all the Program's lotteries, the Leavenworth is 
the only one which restricts itself to artists of a certain 
craft; these artists, in turn, by saving their main Wharf 
lottery numbers, "bump" other artists out of an opportunity 
to sell in a good space at the Wharf. 

2) As an issue of fairness, the Leavenworth spaces as 
well as all the spaces should be put into one lottery. 

3) While non-portrait artists cannot get into the 
Leavenworth portrait artist lottery, the non-portrait 
artists have to compete with the portrait artists in the 
main Wharf lottery in getting spaces. 

4) When the Leavenworth Lottery was established in 1980, 
there were only half a dozen portrait artists to warrant 
their own exclusive lottery for spaces that did not attract 
the other artists; now, however, there are about twenty- 
five portrait artists/funsketchers, and that is why they 
are "overlapping" into the main Wharf lottery, competing 
with the other artists for the other spaces. 



STREET ARTISTS PROGRAM COMMITTEE - March 12 , 1997 Page 6 



5) The proposal would be an equitable solution. 

The following artists expressed opposition to the proposal: 
Martin Butschek, Pepper Cracas, You Shan Tang, Barry Prager, 
Brian Hopper, Lisa Jiang, Therese Roller. These people 
made the following points: 

1) The ten Leavenworth spaces should be left alone for 
the exclusive use of the portrait artists /funsketchers; 
if the spaces were opened up for other artists to use, 
General Manager Christopher Martin of The Cannery would 
oppose this, and the artists might lose their ten spaces. 

2) Unless all spaces are put into one lottery, the 
Leavenworth spaces should not be singled out and put into 
the Wharf lottery. 

3) There are non-portrait artists who themselves have 
advantages over other artists because they belong to three- 
or four-member family units who have more opportunity than 
single artists in obtaining a good space. 

4) The authors of the proposal are a family unit of two 
licenses and therefore have twice as good a chance as a 
single artist in obtaining a space; would they be willing 
to relinquish one of their licenses? 

5) Since artists are allowed to sign in for a space at 
the Cliff House lottery and then enter the Wharf lottery 
to save that number for the following day, why can't the 
Leavenworth artists continue to do the same? Also, the 
Cliff House lottery is "exclusive" in that it is across 
town which makes it a hardship to attend for people with- 
out cars . 

The Commissioners asked the Program Director for a recom- 
mendation. Mr. Lazar recommended the proposal as a measure 
to correct an inequitable situation. He stressed two main 
points: (1) The Leavenworth spaces remained, by the Commis- 
sion's choice, for the exclusive use of the portrait 
artists; and (2) the portrait artists would incur no hard- 
ship by being required to obtain their Leavenworth spaces, 
as they do now for other spaces, in the main Wharf lottery. 

Commissioner Freebairn-Smith stated that he agreed with 
Mr. Clark that the more the Commission could do in purifyingi 
the lottery procedures would be the fair and right step 
to make. 



STREET ARTISTS PROGRAM COMMITTEE - March 12, 1997 Page 7 



Commissioner Rogers stated that, early this year, his 
Committee heard a request to open the Leavenworth spaces 
to all artists, and he remained convinced that the decis- 
ion to not ro so was the right one. The proposal heard 
now dealt with a fairness issue confined to the Wharf 
area. While he could understand both sides of the issue, 
he was persuaded that it would be fair to put the lottery 
activity for the Leavenworth spaces into the main Wharf 
lottery. 

Commissioner Freebairn-Smith moved that the Leavenworth 
Street spaces be placed in the main Wharf lottery and that 
portrait artists/cartoonists/funsketchers be required to 
use their main Wharf lottery numbers to obtain Leavenworth 
Street spaces. The motion was seconded by Commissioner 
Rogers and unanimously approved. 

Commissioner Rogers moved to adjourn the meeting; the motion 
was seconded by Commissioner Freebairn-Smith and unanimously 
approved. The meeting adjourned at 4:57 p.m. 

Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



S F 



A C 



SAN 



/ 



FRANCISCO ART COMMISSION 



PROGRAMS 

'Civic Art Collection 

Civic Design Review 

Community Arts 

St Education 

,LTURAL EOJJITY GRANTS 

S Symphony Concerts 
Public Art 



fin c 1^ 



STREET ARTISTS PROGRAM COMMITTEE 



Wednesday, . April 9, 19 97, 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



f>OCU^ENTS MPT. 

"AR 3 1 1997 

SAN FK&NOi$©0 
PUBLIC LIBRAWV 



treet Artists Licenses Note 
Suite 70 
41S. 252. 2581 



Commission Gallery 



31 Van Ness Avenue 
415.554.6080 




Public testimony is invited 
(3) minutes per person. No 
shall cross-examine another 



N D A 

and shall 
member of 
member of 



be limited to three 
the public or witness 
the public or witness 



unless approved by the Program Committee. 



I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

A. Hubert Emerson Ortis - Certificate § 4656. Alleged 
violations: (1) Displaying items during period of certif- 
icate suspension; (2) Having items displayed for sale 

by a salesperson. 

B. Michel Verton - Certificate # 2509. Alleged violations: 
(1) Displaying items not certified by Art Commission 
(second offense); (2) Selling in a location not 
designated by Board of Supervisors (second offense). 

II PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

III PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

IV ADJOURNMENT 



City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

♦Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 
Americans with Disabilities Act, all City agencies will make reasonable accommodations to 
the needs of persons with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

.Accessible curbside parking has been designated on Oak Street between Van Ness Avenue 
and Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains— stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses—serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or 
related disabilities should call our accessibility hotline at (415)554-8925 to discuss meeting 
accessibility. In order to assist the city's efforts to accommodate such people, attendees at 
public meetings are reminded that other attendees may be sensitive to various chemical based 
products. Please help the city to accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available 
upon request at meetings. Please contact Liz Lerma in the Community Arts and Education 
Program at (415)252-2596 at least 72 hours prior to meeting. Late requests will be honored if 
possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. 

Commissions, boards, councils and other agencies of the City and County exist to conduct the people's 
business. This ordinance assures that deliberations are conducted before the people and that City operations arc 
open to the people's review. 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO 
REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHIRE ORDINANCE TASK FORCE 
AT 554-4 851 



S F 



A C 



SAN FRANCISCO ART COMMISSION 






/ 



'M 



STREET ARTISTS PROGRAM COMMITTEE 

DOCUMENTS DEPT 



PROGRAMS 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

jltural Equity Grants 

S Symphony Concerts 

Public Art 



OVpril 9 f 199"C > 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



APR 2 31997 

SAN FRANCISCO 
PUBLIC LIBRARY 



M 



N U T E 



Commissioners present: 



treet Artists Licenses 

Suite 70 

415.252.2581 



Emery Rogers, Rod Freebairn-Smith, 
William Meyer, Dugald Stermer, 
William Villa 



Commissioners absent: 



none 



Iommisston Gallery 

01 Van Ness Avenue Staff present 
415.554.6080 



Director of Cultural Affairs Richard Newirth 
Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 

Commissioner Rogers, Chair, called the meeting to order at 3:20 
p.m. and welcomed Commissioners Meyer, Stermer, and Villa to 
the Committee. Commissioner Rogers encouraged all Commissioners 
to meet with staff at Fisherman's Wharf and observe the operation 
of the street artists' Saturday lottery in assigning spaces; 
this would give the Commissioners first-hand background 
information for dealing with the upcoming proposals for amending 
the lottery rules and other issues. 

I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 




City and County of 
San Francisco 



A. Hubert Emerson Ortis - Certificate # 4656. Alleged viola- 
tions: (1) Displaying items during period of certificate 
suspension; (2) Having items displayed for sale by a sales- 
person. Program Director Lazar informed the Committee 
that Mr. Ortis 's certificate had been suspended from 
February 2-22, 1997, and that, prior to this, he had 
been sent a letter from Commissioner Rogers warning him 
that if he were to sell during the suspension period, "a 
more severe penalty up to revocation will be considered" 
by the Committee. In addition, it was recorded in the 
Committee's November 13, 1996 minutes that Commissioner 
Freebairn-Smith stated that if another hearing were to 
result with Mr. Ortis, "the Committee will not be inclined 
to exercise leniency." According to the Program Director, 
the office received a complaint that on Sunday, February 
9, 1997, Mr. Ortis violated his suspension by having a 
female salesperson displaying his jewelry while he played 
his music nearby. Then, on February 13th, the Program 
Director and the Certification Clerk observed Mr. Ortis 
on Jefferson Street playing his music against The Cannery 
building while his open display of jewelry was set up a 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - April 9, 1997 Page 2 



few feet away from him curbside. The staff counted 21 
earwrap items on the display and informed Mr. Ortis that 
he was in violation of his suspension. 

Certification Clerk Worthy informed the Commissioners that 
on the day of this incident she received a telephone 
complaint against Mr. Ortis and met the Program Director 
downtown and travelled with him to the Wharf to observe 
Mr. Ortis. From the bus they observed Mr. Ortis performing 
against The Cannery wall with his table, across from him, 
displaying his jewelry pieces. They went directly to Mr. 
Ortis 's table and noted that the earwrap pieces looked 
like the ones Mr. Ortis is authorized to sell. The items 
were on display in a non-designated space and it was during 
Mr. Ortis 's suspension period. Mr. Ortis approached them, 
told them that the suspension was a hardship for him and 
that he needed to make a living. 

Program Director Lazar stated that, when they spoke with 
him, Mr. Ortis said his attorney had told him that he could 
sell during the suspension period if he were outside of 
a legal street artist space as this would not be within 
the jurisdiction of the street artist ordinance. The Pro- 
gram Director told him that that was not his understanding 
in light of a City Attorney letter of 1983 regarding the 
Art Commission's jurisdiction to suspend or revoke a street 
artist certificate, and that unless Mr. Ortis held a 
Peddler's License issued by the Police for his activity 
in a particular (non-street artist) location, he was in 
violation of the street artist ordinance. The Program 
Director also invited Mr. Ortis to have his attorney call 
him; to this date, no such call was received. 

With regard to the first incident, Street Artist Edward 
Steneck stated that, as a member of the Lottery Committee, 
he ran the lottery on Sunday, February 9th, and was ap- 
proached later that morning by a Street Artist named "Leah" 
who told him that Mr. Ortis and his "current wife" were 
selling on Jefferson Street, that she saw one of Ortis 's 
earrings on a female customer who, upon questioning, told 
her that she bought it from someone on Jefferson Street, 
whereupon "Leah" asked Mr. Steneck to see if Mr. Ortis 
was selling. Mr. Steneck went to Jefferson Street and 
observed Mr. Ortis set up playing his piano in an alcove 
of the wall of The Cannery. He was not selling anything. 
Mr. Steneck also observed a woman whom he identified as 
Mr. Ortis 's "current wife or girlfiend" who was eight to 
nine feet away from Ortis with a display of Ortis 's craft. 



STREET ARTISTS PROGRAM COMMITTEE - April 9, 1997 Page 3 



Mr. Steneck told both of them that someone had complained 
that he or she was selling and that while he, Steneck, 
could see that Mr. Ortis wasn't selling, he should be 
careful not to sell anything. 

Upon questioning by the Program Director, Mr. Steneck stated 
that the items on the table which he noticed "peripherally" 
appeared to be "the kind of thing that" Ortis "does so 
well." He could not say, however, that they were exactly 
his items. 

Upon questioning by Commissioner Rogers, Mr. Steneck stated 
that there was no other time during Mr. Ortis' s suspension 
period that he saw him set up. 

It was noted that the person who had submitted a complaint 
in writing about the February 9th incident was not present. 

In reference to the staff-observed February 13th incident, 
the Program Director stated that there was no doubt in 
his mind nor his assistant's mind that the items they had 
observed were Mr. Ortis 's items, and that Mr. Ortis had 
admitted they were his items when he informed them that 
his attorney said it would be alright for him to sell 
in that it would not infringe upon the street artist ord- 
inance. 

Mr. Ortis stated to the Commissioners that when he spoke 
with his lawyer about how he could continue to earn an 
income, he was told that if he did not use his street art- 
ist certificate nor sell in a designated street artist 
area, it would not be a misconduct against the Street 
Artists Program, but it would be a misconduct toward the 
Police who could cite him. Therefore, he stayed "totally 
away from the street artists' designated area" and played 
his music and displayed his work. 

Mr. Ortis went on to say that he was "one of the only street 
artists out there" who "sits on the street and makes" his 
items "by hand," and that he had frequently made reports 
to the Program Director about street artist activities, 
and that he, Ortis, was the recipient of selective 
enforcement. He needed to make "an honest living" and 
was out of the Program's jurisdiction because he had been 
in a non-designated area. 

Mr. Ortis further stated that the person who made the com- 
plaint against him was Leah Mazor, a person to whom he 



STREET ARTISTS PROGRAM COMMITTEE - April 9, 1997 Page 4 



gave authority to make his design. He now had another 
"girlfriend" and she also made the items; that day (February 
9th) she asked him if she could go out and sell her product, 
and Mr. Ortis told her she would be taking a chance of 
getting caught by the Police. When Mr. Steneck saw him, 
he told him to talk to her, and after he did so, she closed 
up her display. He reiterated that he could "not tell 
her to close the box up and go home, especially if she 
makes her own stuff." 

In response to a question by Commissioner Rogers, Mr. Ortis 
stated that his attorney did not call the Program Director 
because he could not afford to pay her. 

The Program Director stated that Mr. Ortis received a letter 
from the Program Director giving him the date of his suspen- 
sion period and also received a letter from Commissioner 
Rogers warning him against selling during the suspension. 
It was only reasonable that, if Mr. Ortis had received 
legal advice that he could sell, he would have informed 
the Art Commission of such advice; had he done so, the 
Program Director would have asked for clarification from 
the City Attorney. In lieu of this, the Program Director's 
understanding rested on the City Attorney's 1983 letter 
clarifying the Commission's jurisdiction. 

In response to a question by Commissioner Meyer, Mr. Ortis 
stated that the items that his friend was selling were 
not made by him but by her after watching him make similar 
items, and that she decided to sell them because "it's 
a woman's lib thing ... these days you can't tell them 
what to do." He went on to say that he was not a thief 
or a bandit, and that all he was trying to do was to "feed 
five kids." 

The Commissioners ascertained that the Commission's standard 
penalty for a first offense of displaying items during 
a period of certificate suspension is two months suspension 
of certificate. 

Commissioner Meyer moved that the City Attorney be requested 
to clarify whether a "loophole" exists whereby a street 
artist may be entitled to sell his/her wares in public 
places during a period of certificate suspension if the 
artist is not selling in a designated street artist space 
and whether a "loophole" exists whereby a friend or an 
associate of the suspended artist may be entitled to sell 
similar wares; the motion was seconded by Commissioner 



STREET ARTISTS PROGRAM COMMITTEE - April 9, 1997 Page 5 



Villa and unanimously approved. 

Commissioner Rogers stated that Mr. Ortis's hearing would 
be continued to the following month's Committee meeting 
pending receipt of the City Attorney's clarification. 

Mr. Ortis stated that the suspension he received from the 
Committee's hearing in November was an illegal suspension 
which put him in a situation causing him to violate the 
suspension, and that the Commissioners had penalized him 
for arguing with a "metermaid." Commissioner Rogers 
responded that if Mr. Ortis had felt that the Commissioners 
had made an incorrect decision, his recource had been to 
appeal to the Board of Appeals. 

B. Michel Verton - Certificate § 2509. Alleged violations: 
(1) Displaying items not certified by Art Commission 
(second offense); (2) Selling in a location not designated 
by Board of Supervisors (second offense). Program Director 
Lazar stated that Mr. Verton was cited on December 22, 
1996 by Officer Fred Crisp, one of the officers hired by 
the Art Commission through the Police Department's Special 
Law Enforcement Services to enforce the street artist ord- 
inance in the Downtown-Union Square area during the winter 
holiday season. The incident occurred just seven months 
after Mr. Verton received from the Commission a standard- 
penalty suspension of two months and three weeks for having 
sold items not certified by the Commission and for having 
sold in a non-designated location. 

Officer Fred Crisp stated that at 4:30 p.m. on December 
22nd he saw Mr. Verton standing on the northeast corner 
of Stockton and O'Farrell Streets, near the flower stand, 
holding a bag of fabric worms "obviously for sale." The 
officer cited him under 869 MPC (peddling without a per- 
mit) . 

In response to a question by Commissioner Rogers, the Pro- 
gram Director stated that the City Attorney's office, in 
1983, clarified that it is within the Art Commission's 
jurisdiction to suspend or revoke the certificate of a 
street artist for displaying items not made by the artist 
in a location not designated for street artists. In ref- 
erence to the present case, a second offense for selling 
in a non-designated location, according to the Commission's 
standard penalties, warranted a six-week suspension while 
a second offense for selling items not certified by the 
Commission warranted revocation. 



STREET ARTISTS PROGRAM COMMITTEE - April 9, 1997 Page 6 



Mr. Verton stated that the location for which he was cited 
was incorrect, that he wasn't selling at all, and there 
were no prices visible. 

Officer Crisp stated that he saw Mr. Verton standing with 
the items in his hands; it "was apparent to" him "that 
they were offered for sale," though he did not hear him 
and there was no one nearby engaged in a transaction. 

Mr. Verton said the only thing the officer saw was a 
basket with some of the worms; the officer did not see 
him selling and could not have known why he was there. 
The citation caused him to have to drive 140 miles to 
defend himself, and the judge dismissed the citation. 

Commissioner Freebairn-Smith stated that this case 
as well as the other case heard at this meeting were 
examples of the kind that "moved" him, when he began 
sitting on the Committee, to be very cautious and lenient; 
but the disappointment that other street artists have 
expressed when the Commissioners do not take them into 
consideration, and when the artists do not take each other 
into consideration, was an aspect that weighed on the Com- 
mittee's decisions. 

Commissioner Rogers stated that it was clear to him that 
Mr. Verton was attempting to sell his items on the street, 
that if the officer, who is experienced in observing this 
type of activity, issued Mr. Verton a citation, the officer 
had reason to believe that Mr. Verton was attempting to 
sell the fabric worms. 

Officer Crisp stated that at the time he issued the citation 
Mr. Verton did not protest that he was not selling the 
items. 

Program Director Lazar stated that when he sent Mr. Verton 
a warning the year before, in December, 1995, ten days 
after ther Police had confiscated Mr. Verton' s unlicensed 
"wurli-toys, " the warning was for his selling uncertified 
"commercially manufactured green worm toys in containers." 
The warning had specified the merchandise and had informed 
Mr. Verton that if he continued to sell uncertified items, 
he could receive for a first offense a two-month suspension 
and for a second offense a revocation of his certificate. 

Commissioner Rogers requested Mr. Lazar for a staff recom- 
mendation in lieu of a revocation. The Program Director 



STREET ARTISTS PROGRAM COMMITTEE - April 9, 1997 Page 7 



recommended that the suspension be deferred to the winter 
holiday season, as Mr. Verton's activities have, for the 
past two such seasons, warranted the attention of the Police 
who are paid by the Art Commission to stop such activities. 

Commissioner Stermer moved that Michel Verton be found 
in violation of the street artist ordinance for displaying 
items not certified by the Art Commission, second offense, 
and for selling in a location not designated by the Board 
of Supervisors, second offense, and that Mr. Verton's cert- 
ificate be suspended for a period of one (1) month for 
the month of December, 1997; the motion was seconded by 
Commissioner Freebairn-Smith and unanimously approved. 

II PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar reported on the progress of the 
Program's 25th anniversary project, the dynamic efforts 
of the Anniversary Committee, and the recent mailout to 
the Program's 400 street artists inviting them to submit 
entries for the bus shelter poster competition. The entries 
will be due on May 15th and will be judged by the Annivers- 
ary Committee and submitted for approval to the Art Commis- 
sion in June. Fifty posters will be printed; in addition 
to the Market Street shelters, Outdoor Systems is donating 
20 extra shelters around town for the posters. The posters 
will go up July 21st and stay up throughout the summer 
and through the event itself, September 20th. The next 
step for the Anniversary Committee is to draw a plan of 
artists' displays within the closed Beach Street, for sub- 
mittal to the Department of Parking and Traffic. 

Mr. Lazar thanked Commissioner Freebairn-Smith for his 
taking of photos of Beach Street for the Anniversary 
Committee. 

Commissioner Rogers requested his fellow Commissioners 
of the Program Committee to serve as ex-officio members 
of the Anniversary Committee. 

Discussion ensued on the necessity for the Commissioners 
to contact members of the press to cover the event. 

There being no further business, Commissioner Rogers 
adjourned the meeting at 4:45 p.m. 

Respectfully submitted: 

Howard Lazar, Director 
Street Artists Program 



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PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

Cultural Eqjjity Grants 

»PS Symphony Concerts 

Public Art 



Street Artists Licenses 

Suite 70 

415.252.2581 



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/STREET ARTISTS PROGRAM COMMITTEE 

May 14, 1997 



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Wednesday, 

3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



-v 



END 



DOCUMENTS DEPT. 
MAY 7 1997 

SAN FRANCISCO 
PUBLIC LIBRARY 



Commission Gallery 

401 Van Ness Avenue 

415.554.6080 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



I HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

A. Hubert Emerson Ortis - Certificate § 4656. Alleged 

violations: (1) Displaying items during period of certif- 
icate suspension; (2) Having items displayed for sale 
by a salesperson. (hearing continued from 4/9/97) 

II HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO PLACE 
THE DOWNTOWN AND WHARF SPACES INTO ONE LOTTERY (hearing 
continued from 3/12/97) 

III PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

IV ADJOURNMENT 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

^Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 






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Civic Design Review 

Community Arts 

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Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



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DOCUK/"^-^ DEFT. 

MAY 27 1997 

SAN FRANCISCO 
PUBLIC LIBRARY 



Street Artists Licenses 

Suite 70 

415.252.2581 



Commissioners present: Emery Rogers, Rod Freebairn-Smith, 

William Meyer, Dugald Stermer, 
William Villa 



Commissioners absent: 



none 



Commission Gallery 

401 van ness AvENUEgtaff present : 

415.554.6080 c 




Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 

Commissioner Rogers, Chair, called the meeting to order at 3:05 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL TO PLACE 
THE DOWNTOWN AND WHARF SPACES INTO ONE LOTTERY (hearing 
continued from 3/12/97) 

The following street artists spoke against the proposal: 
Gary Freed*, Eunice Rodriguez, Linda Pedersen, E. J. Khaz- 
zoom, Virginia Travers, Marvin Kirkland, Viva Amsel, Dolores 
Kalom, Sharon MacDougall, Edward Steneck*, Gail Mitchell, 
John Bass (former street artist), Jim Billy, Linda Freed, 
Michael Lyons. Their major comments were as follows: 

1) The present lottery system has worked well for 
over twenty years; therefore, why change it? 

2) The artists supporting the proposal were doing 

so as a retaliation for having the Leavenworth Street Lottery 
abolished. 

3) Combining the Wharf and Downtown Lotteries will 
take too long for those artists wishing to obtain a Downtown 
space, and this will especially be a hardship for those 

who have to take public transportation to get to Downtown. 

4) Arriving Downtown too late will cause some artists 
to miss a major portion of their business day. 

5) Combining the lotteries will make for a a two-and- 
a-half-hour sign-in at a Saturday lottery, and "Downtowners" 
will not arrive Downtown until 11:30 a.m. or 12:00 which, 



San Francisco- 



* Lottery Committee Member 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - May 14, 1997 Page 2 



in turn, will violate the rule that an artist has to be 
set up to sell by 12:00 noon. 

6) This will also interfere with the implementation 
of the noontime review of spaces (to see which ones are 
available for assignment) : how could a lottery worker at 
noontime be both at the Wharf and Downtown to do this? 

7) The present system allows the most opportunities 
throughout the week for an artist to choose where to sell. 

8) Those who were for the proposal were not restricted 
from exercising their opportunities to find good spaces 
Downtown; instead, they have chosen to not use such options. 

9) For a Lottery Committee member, a typical Saturday 
Wharf lottery takes an hour to run, then the Downtown Mini 
Lottery takes a half hour, returning the lottery materials 
to storage takes another half hour, and doing the "noon 
walk" to verify the occupants of the spaces also takes 

a half hour - all of which already eats up much of the 
Lottery member's selling time; if the Wharf and Downtown 
Lotteries were combined, there will be at least thirty 
more people in the lottery and this will take an additional 
half hour, leaving practically no time for the Lottery 
member to set up; there will be difficulty in finding street 
artists to join the Lottery Committee. 

10) The proponents have yet to produce one advantage 
of combining the lotteries. 

11) Those artists who rely on public transportation 
are already "handicapped" by having to take the time to 

go to the Wharf for their Downtown Lottery: why delay them 
further by having them wait out an enlarged lottery in 
order to get their Downtown spaces? 

12) If the proposal was so good, why didn't many pro- 
ponents show up to speak for it? 

The following street artist spoke for the proposal: John 
Cracas . His major comments were as follows: 

1) The Downtown artists have an advantage by playing 
both lotteries because at the Friday Main Downtown Lottery 
they can obtain and save a number to use for the following 
day while obtaining a Downtown space on Friday by using 
the unofficial "mini-mini" lottery, then on Saturday use 






STREET ARTISTS PROGRAM COMMITTEE - May 14, 1997 Page 3 



the number they saved from Friday to obtain a prime space 
at the Wharf, and on Sunday "bump" him (Mr. Cracas) "off" 
before he can get a space. 

2) Regarding the time issue, the artists already waste 
time coming to a lottery to get a number to use the follow- 
ing day; if the lotteries were combined the artists would 
have to show up only one time to obtain their space, and 
this, because of its efficiency, would take less time. 

3) There would be one lottery on Saturday for every 
space. 

4) Lottery Committee members frequently exchange lot- 
tery days for their own advantages; sometimes they don't 
show up to run their lotteries, and artists, like Mr. 
Cracas, end up running the lotteries without getting the 
compensation of a free space as is awarded to the Lottery 
members . 

5) There are 16 prime spaces a week that are reserved 
for Committee members and lottery helpers before the other 
artists are allowed to choose spaces; this would be 
eliminated by combining the lotteries and allowing everyone 
to choose a space before mini numbers are used. 

6) The opponents have an advantage and do not want 

to lose it; he himself had an advantage when the Leavenworth 
Lottery was in existence, and now he is unable to get a 
space while others are able to do so under the present 
system. 

7) A lot of people for the proposal did not show up 
to speak because they were intimidated by the opponents. 

8) The present system of lotteries taking place at 
different times is confusing to new certif icateholders. 

Commissioner Stermer acknowledged the Committee's having 
received a preponderance of letters from street artists 
opposed to combining the lotteries (11 letters opposed 
vs. 1 letter for it) and said this should be considered 
as evidence against considering to change the system. 

Commissioner Rogers stated that he was persuaded by Mr. 
Cracas ' s comment that 16 spaces might be made available 
by combining the lotteries but that other points made 
persuaded him to leave the system as it was. In addition, 



STREET ARTISTS PROGRAM COMMITTEE - May 14, 1997 Page 4 



there was an "entrepreneurial aspect" of the present system 
which he appreciated and would be retained with the present 
system. 

Commissioner Rogers called for a motion to combine the 
Downtown and Wharf spaces into one lottery. No motion 
was made. 

II HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTIONS TO SUSPEND OR REVOKE CERTIFICATES 

Hubert Emerson Ortis - Certificate § 4656. Alleged viola- 
tions: (1) Displaying items during period of certificate 
suspension; (2) Having items displayed for sale by a sales- 
person, (hearing continued from 4/9/97) 

Program Director Lazar said he wished to withdraw the charge 
of having items displayed for sale by a salesperson since, 
at the last hearing, no one came forward to testify to the 
letter of complaint received by the Program alleging that 
on February 9, 1997, Mr. Ortis allowed a friend to sell 
his items for him. Mr. Lazar asked that the Committee 
consider the charge of displaying items during period of 
certificate suspension based on staff's testimony, at the 
last hearing, regarding a February 13, 1997 incident. 

The Program Director went on to say that he had informed 
Mr. Ortis in writing of the City Attorney's verbal response 
to the Program Committee's request for clarification on 
"whether a 'loophole' exists whereby a street artist may 
be entitled to sell his/her wares in public places during 
a period of certificate suspension if the artist is not 
selling in a designated street artist space, and whether 
a 'loophole' exists whereby a friend or an associate of 
the suspended artist may be entitled to sell similar wares." 

The City Attorney's office informed Mr. Lazar verbally 
that the question was reviewed with that office's 1983 
written clarification and concluded that a street artist 
selling in a non-street artist space during a period of 
certificate suspension falls within the jurisdiction of 
the Art Commission. The Deputy City Attorney who had been 
assigned to respond to the question had to go out of town 
for several weeks and did not have time to put the response 
in writing. 

Mr. Lazar went on to say that the Deputy City Attorney 
explained that if an applicant enters the Street Artists 



STREET ARTISTS PROGRAM COMMITTEE - May 14, 1997 Page 5 



Program, the applicant subjects him/herself to two pertinent 
provisions of the street artist ordinance: Section 7(a) 
and (b) of Proposition "L" - especially 7(b) which states 
that it is "unlawful for any person certified as a street 
artist or craftsperson pursuant to the provisions of this 
ordinance to sell, offer for sale, expose for sale, or 
solicit offers to purchase, any art or craft work of the 
artist's own creation on any public street or public place 
where such activities are not permitted, unless duly lic- 
ensed as a peddler pursuant to the provisions of Section 
869 of Part II, Chapter VIII of the San Francisco Munici- 
pal Code (Police Code)." The City Attorney stated that 
if a street artist is observed selling his/her wares in 
a non-street artist location, and if the artist is not 
licensed by the Police as a peddler to sell his/her wares 
in the location, the artist falls within the Art Commis- 
sion's jurisdiction, and the Commission may consider taking 
action on the artist's certificate. 

Mr. Ortis stated that the City Attorney should put the 

clarification in writing, that he did not violate the street 

artist ordinance, that the suspension given to him was 

not correct, that he had a responsibility to produce monthly 

child support, and that "if this situation continues, then 

eventually you will make a criminal out of me." He said 

he would not steal nor sell drugs but would like to sell 

the merchandise he makes. He added that many times he 

was not able to obtain a space in which to sell because 

of fifteen or twenty salespeople per week entering the 

lottery. 

Commissioner Stermer stated that "threats aside that this 
Commission could possibly turn anybody into a criminal," 
he could not see any reason why a suspension should not 
be imposed. 

The Commissioners acknowledged that the Commission's 
standard penalty for selling while under suspension is 
a two-month suspension and that the Commission always 
retained the right to mitigate or increase its standard 
penalty for any case. 

Commissioner Freebairn-Smith stated that Mr. Ortis had 
been in violation. Commissioners Meyer and Villa stated 
that a suspension was in order but the two-month penalty 
was not commensurate with Mr. Ortis 's single observed 
incident. Commissioner Stermer suggested a deferment of 
the suspension to after summer; Commissioner Freebairn- 



STREET ARTISTS PROGRAM COMMITTEE - May 14, 1997 Page 6 



Smith noted that the Committee had deferred the previous 
suspension for Mr. Ortis. 

Commissioner Stermer moved that Hubert Emerson Ortis be 
found in violation of the street artist ordinance for 
displaying items during period of certificate suspension; 
the motion was seconded by Commissioner Rogers and unan- 
mously approved. 

Commissioner Villa moved that Mr. Ortis 's certificate 
be suspended for a period of one month; the motion was 
seconded by Commissioner Stermer and unanimously approved. 

Commissioner Meyer moved to defer Mr. Ortis 's suspension 
to November 1st; the motion was not seconded. 






Program Director Lazar stated that Mr. Ortis could avoid 
serving the suspension in the height of summer by writing 
a request to have the suspension start the next day and 
stating that he waived his right to appeal to the Board 
of Appeals. 

III PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

The Program Director reported on the activities of the 
25th Anniversary Committee in planning the Street Artists 
Program's September 20th celebration: the upcoming jurying 
of a bus shelter poster to announce the upcoming event; 
the drafting of a booth-and-thoroughf are plan of Beach 
Street, Hyde to Larkin (the block to be closed for the 
street fair) . 

Commissioner Rogers stated that he attended the last meeting 
of the Anniversary Committee and that the Committee was 
a dynamic group of people, that the event was "in good 
hands," and that he would like to see the Committee 
recognized at the celebration. 

IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

Street Artist Hubert Emerson Ortis submitted a blue canvas 
bag that he found in a street artist area and said that 
the bag had contained merchandise made in India. He went 
on to say that there were three street artists who make 
bracelets and allow so-called "family unit" members to 



STREET ARTISTS PROGRAM COMMITTEE - May 14, 1997 Page 7 



sell the items for them. 

Commissioner Rogers stated that Mr. Ortis 's work was highly 
praised by people. 

Mr. Ortis stated that he put a lot of time into his work 
but had difficulty in getting a selling space when there 
were eight or nine people getting spaces from the lottery 
who did not make what they sell. He complained to the 
Program Director who told him to take a picture of the 
violation. Not only did he not have a camera, Mr. Ortis 
stated, but the Wharf was his "home" and he did not want 
to be a "snitch." 

Commissioner Rogers stated that one of the things his Com- 
mittee did not like the most was street artists selling 
items they did not make; this merits the stiffest of 
Art Commission standard penalties. He invited Mr. Ortis 
to give his complaints to the Program Director for inves- 
tigation. Commissioner Stermer asked Mr. Ortis to also 
convey this to his friends. Mr. Ortis responded that he 
had tried to get people to come in and report but they 
were afraid of repercussions from the other artists. 

The Program Director stated that that was a handicap in 
the Program; without artists willing to either take a 
picture of an incident, report an incident, submit evidence 
or tell staff where to obtain evidence, or come forward 
and testify, the Program Committee is often curtailed in 
determining a preponderance of evidence relative to a 
violation. 

Mr. Ortis stated that the blue bag he submitted had con- 
tained spools of string for kites, and that some artists 
certified for selling kites were selling just the spools 
themselves, for $3.50 each. Mr. Ortis went on to say that 
all of the kites were shipped from Arizona by one man, 
and they were sold by three people acting as "family unit" 
members but do not make the kites. 

The Program Director clarified that the person of whom 
Mr. Ortis was referring had a lengthy hearing before the 
Art Commission many years before when the question had 
arisen as to whether he made his own kites, and the Com- 
mission determined that he did. Thereafter, as entitled 
by law, he periodically brought into the Program "family 
unit" street artists who, along with himself, demonstrated 
before the Advisory Committee of Street Artists and Crafts- 



STREET ARTISTS PROGRAM COMMITTEE - May 14, 1997 Page 8 



men Examiners that they contributed significantly in the 
making of the kites. 

Commissioner Rogers stated that staff required names and 
places for which to pursue an investigation, and the Com- 
mission could not act on heresay. The Commissioner referred 
to the last major case his Committee heard in which staff 
found the subject merchandise in a store, after being in- 
formed by several artists of the outlet, staff testified 
to having witnessed the violation and obtained the mer- 
chandise, the Advisory Committee after two studio visits 
determined that the artists did not make the work they 
were selling, and the Program Committee handed down the 
standard penalty of a two-month suspension. 

Mr. Ortis reiterated that he was reluctant to give names 
because he did not want to jeopardize the music equipment 
he stored in his car at the Wharf. 



Street Artist Eunice Rodriguez proposed that the Program 
Director investigate whether street artist spaces could 
be located on the west sidewalk of 4th Street near Mission 
Street, adjacent to Starbuck's Coffee. 

Program Director Lazar stated that he had observed the 
sidewalk's curb was a bus zone, but because the sidewalk 
was much wider than most, it might be possible - with 
more investigation - to locate some spaces in the center 
of the sidewalk and request the Board of Supervisors to 
exempt them from the regulation prohibiting a space being 
adjacent to a bus zone and the regulation prohibiting a 
space being more than four and one-half feet from the 
curb line. 

Commissioner Rogers asked Mr. Lazar to investigate the 
proposal further but to do so after the Program's 
anniversary celebration. 

Commissioner Rogers moved to adjourn the meeting; the motion 
was seconded by Commissioner Villa and unanimously approved. 
The meeting adjourned at 4:40 p.m. 

Respectfully submitted: 



Mu 



W* 

Howard Lazar", Director 
Street Artists Program 



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STREET ARTISTS PROGRAM COMMITTEE 



Wednesday, (June , 11 , 19 9 7j ) 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



<V 



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Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 






I HEARING AND POSSIBLE MOTION TO APPROVE COMPENSATION OF 
STREET ARTIST MEMBERS OF 25TH ANNIVERSARY COMMITTEE WITH 
OPPORTUNITY TO MAKE FIRST SELECTION OF SELLING SPACES 
LOCATED INTERIOR (NOT SIDEWALK) OF BEACH STREET FOR 
SEPTEMBER 20, 1997 STREET FAIR CELEBRATION OF 25TH 
ANNIVERSARY OF STREET ARTISTS PROGRAM 

II PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

III PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

IV ADJOURNMENT 




City and County of 
San Francisco 






25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



4 



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programs 

]ivic Art Collection 
Civic Design Review 
Community Arts 
& Education 
tural Equity Grants 
Symphony Concerts 
Public Art 



SAN FRANCISCO ART COMMISSION 

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NOTICE 



reet Artists Licenses 

suite 70 The meeting of the^STREET^ARTXSTS PROGRAM COMMITTEE 

scheduled for Wednesday,^jJune 11, 199J) has been^cancelled}> 



415.252.2581 



ommission Gallery 

1 Van Ness Avenue _, .. _ ,, _, i_ .. .!• j_ -^ ^ • j_ j_ 

415.554.6080 The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, July 9, 1997, 3:00 p.m., Art 
Commission Conference Room, Suite 70, 25 Van Ness Avenue, San 
Francisco. 

Street Artists Program 
June 6, 1997 







DOCUMENTS DEPT, 



IUN 9 1997 



City and County of ° 

San Francisco _ , . . , . 

J SAN FRANCISCO 

PUBLIC LIBRARY 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 






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SAN FRANCISCO ART COMMISSION 



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Civic Design Review 

Community Arts 

& Education 

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Symphony Concerts 

Public Art 



f\no>m> 

1/1/17 



STREET ARTISTS PROGRAM COMMITTEE 



Wednesday, . July 9, 199 7^ 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



DOCUMENTS DEPT. 

; j ul 1 7997 

san Francisco 

PUBLIC LIBRARY 



treet Artists Licenses 
Suite 70 
41S. 252. 2581 



ommission g*llfry 
)1 Van Ness Avenue 
415.554.6080 



AGENDA 

Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



I HEARING AND POSSIBLE MOTION TO APPROVE COMPENSATION OF 
STREET ARTIST MEMBERS OF 25TH ANNIVERSARY COMMITTEE WITH 
OPPORTUNITY TO MAKE FIRST SELECTION OF SELLING SPACES 
LOCATED INTERIOR (NOT SIDEWALK) OF BEACH STREET FOR 
SEPTEMBER 20, 1997 STREET FAIR CELEBRATION OF 25TH 
ANNIVERSARY OF STREET ARTISTS PROGRAM 

II HEARING ON APPEAL OF RECOMMENDATION OF ADVISORY COMMITTEE 
COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO 
DISAPPROVE FOR CERTIFICATION ITEMS SUBMITTED 5/29/97 BY 
APPLICANT JULIE MARR; POSSIBLE MOTION TO DISAPPROVE ADVISORY 
COMMITTEE RECOMMENDATION 

III PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

V ADJOURNMENT 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



7^. 



SAN FRANCISCO ART CO MM I S S I O N 



s 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

tural Equity Grants 

Symphony Concerts 

Public Art 



STREET ARTISTS PROGRAM COMMITTEE 

^July 9, 19 9; 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



reet Artists Licenses 

Suite 70 

415.252.2581 



Commissioners present: 



M 



N U 



DOCUMENTS DEPT. 
JUL 1 6 1997 



SAN FRANC. 
PUBLIC LIBRARY 



t>CO 



Emery Rogers, Rod Freebairn-Smith, 
William Meyer, Dugald Stermer, 
William Villa 



ommission Gallery 

1 Van Ness Avenue 

415.554.6080 



Commissioners absent: 



none 



Staff present: 



Director of Cultural Affairs Richard Newirth 
Director of Street Artists Program Howard Lazar 



Commissioner Rogers, Chair, called the meeting to order at 3:09 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE COMPENSATION OF 

STREET ARTIST MEMBERS OF 25TH ANNIVERSARY COMMITTEE WITH 
OPPORTUNITY TO MAKE FIRST SELECTION OF SELLING SPACES 
LOCATED INTERIOR (NOT SIDEWALK) OF BEACH STREET FOR 
SEPTEMBER 20, 1997 STREET FAIR CELEBRATION OF 25TH 
ANNIVERSARY OF STREET ARTISTS PROGRAM 

The Committee noted there was an absence of attendees to 
speak for or against the item. Program Director Lazar 
reported he had received telephone calls from three street 
artists in favor of it and heard from one artist who was 
against it. 

The Commissioners cited the time and effort given by 
the members of the 25th Anniversary Committee to the 
preparations for the event and stated that an opportunity 
to make first selection of spaces in the street area of 
the fair was well deserved. 




City and County of 
San Francisco 



Commissioner Stermer moved that the members of the 25th 
Anniversary Committee be compensated with opportunity to 
make first selection of selling spaces located in the 
interior (not the sidewalk) of Beach Street for the 
September 20, 1997 street fair celebration of the 25th 
anniversary of the Street Artists Program; the motion was 
seconded by Commissioner Villa and unanimously approved. 

Commissioner Rogers stated, for the record, that the members 
of his Committee were in full support of the layout of 
the street artist spaces in the interior of the street 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - July 9, 1997 Page 2 



fair as proposed by the Anniversary Committee and approved 
by the Department of Parking and Traffic's ISCOTT Committee 

II HEARING ON APPEAL OF RECOMMENDATION OF ADVISORY COMMITTEE 
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO DISAPPROVE 
FOR CERTIFICATION ITEMS SUBMITTED 5/29/97 BY APPLICANT 
JULIE MARR; POSSIBLE MOTION TO DISAPPROVE ADVISORY COMMIT- 
TEE RECOMMENDATION 

Program Director Lazar referred the Commissioners to 
applicant Julie Marr ' s June 6, 1997 letter requesting an 
appeal of the Advisory Committee's disapproval of her cigar 
boxes "decorated in a collage format using cut and torn 
images . . . from old magazines" and her cigar boxes she 
handpainted and covered with photos she took herself. 
Mr. Lazar also referred to the June 20th written response 
to Ms. Marr's letter by Advisory Committee Chair Mathew 
Porkola which stated that the boxes covered with Ms. Marr's 
own photography were disapproved only because the few 
samples she showed were insufficient and she was asked 
to return with more, whereas the boxes covered with maga- 
zine photos, "which are the point of contention, had panels 
covered with one commercial image, with no alteration by 
Ms. Marr." Mr. Porkola went on to write: "My dictionary 
defines collage as 'an abstract composition employing 
various materials, such as newspaper clippings, fragments 
of advertising, etc. with lines and color supplied by the 
artist.' The emphasis here is multiple sources of material, 
combined in a way which makes a new image." 

Mr. Porkola ' s point was that the cigar boxes whose "entire 
top panel and each side was covered with one commercial 
image" were similar to the work of "button makers who use 
a commercial available object, the button, and apply a 
commercial image such as Disney characters or Grateful 
Dead emblems, and then claim it as handcraft because they 
assembled it ..." Pursuant to this, Program Director Lazar 
stated that the Advisory Committee does not approve such 
buttons but does approve commercially manufactured buttons 
covered with a street artist applicant's own photography. 

Applicant Julie Marr stated that, with respect to her usage 
of magazine images, they are torn and only partial images, 
and that she does not like to use whole images. She showed 
the Commissioners both the boxes covered with magazine 
photos and the boxes handpainted and covered with her own 
photography. 



STREET ARTISTS PROGRAM COMMITTEE - July 9, 1997 Page 3 



Commissioner Stermer stated that he perceived a copyright 
question in the magazine-covered boxes, and that whenever 
a picture of anyone in the public eye is used for sale, 
the peron's permission must be obtained and the person 
must be compensated if requested. 

The Commissioners examined negatives submitted by Ms. Marr 
and expressed satisfaction that Ms. Marr was the one who 
took the photos that were on the boxes which had no magazine 
images . 

With respect to the magazine-covered boxes, Commissioner 
Villa held up one and stated that, as a craf tsperson, he 
would be upset with an artist who "lifted" an image made 
by someone else. 

Commissioner Stermer moved that the cigar boxes covered 
by applicant Julie Marr's photography be approved for 
immediate certification; the motion was seconded by Com- 
missioner Freebairn-Smith and unanimously approved. 

Commissioner Rogers moved that it be recommended that Ms. 
Marr re-submit to the Advisory Committee of Street Artists 
and Craftsmen Examiners her cigar boxes of a collage nature 
using magazine and other found images; the motion was 
seconded by Commissioner Meyer and unanimously approved. 

The Program Director stated that Ms. Marr's items could 
be re-submitted for the Advisory Committee's August 28th 
meeting, as the agenda for the upcoming July 31st meeting 
had been filled and published. 

Commissioner Meyer stated that he felt Ms. Marr's work 
was "lovely"; he and the other Commissioners wished her 
success . 

Ill PROGRAM DIRECTOR'S REPORT ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar gave an update on the progress of 
the Program's 25th anniversary celebration which included 
the event's posters premiering on the bus shelters on July 
21st and Supervisor Mabel Teng ' s consenting to MC the 
opening ceremony. 

The Program Director thanked Commissioner Freebairn-Smith 
for his recent drawing showing a proposed balloon-covered 
arch over the speakers ' stage at the Hyde Street end of 



STREET ARTISTS PROGRAM COMMITTEE - July 9, 1997 Page 4 



Beach Street, a balloon arch over the Larkin Street end, 
and a "kite flotilla" sent aloft by one of the Program's 
kitemakers . 

The Commissioners viewed the drawing, and Commissioner 
Freebairn-Smith explained that the major purpose of these 
colorful features is to form a "Cannery - Ghirardelli link 
to the festivities" whereby visitors would be encouraged 
to move westward and not to congest the Hyde/Beach end 
of the block. 

Program Director Lazar said he would share the drawing 
with the members of the 25th Anniversary Committee and 
would also forward a copy of it to President Gatti. 

Commissioner Mayer moved to adjourn the meeting; the motion 
was seconded by Commissioner Freebairn-Smith and unanimously 
approved. The meeting adjourned at 3:57 p.m. 

Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



TO: Government Information Center 
5th Floor 
Dept. #41 



SAN FRANCISCO ART CO MM I S S I O N 



/ 



Or 



PROGRAMS 

livic Art Collection 

Civic Design Review 

Community Arts 

& Education 

tural Equity Grants 

Symphony Concerts 

Public Art 



reet Artists Licenses 

Suite 70 Note: 
415.252.2581 



dmmission Gallery 

1 Van Ness Avenue 

415.554.6080 



A 70. 15 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, CAugust 13, 1997J ) 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 

AGENDA 



DOCUMENTS DEPT. 

JUL 31 1997 

SAN FRANCISCO 
PUBLIC LIBRARY 



Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION OF TEMPORARY 
WINTER HOLIDAY SELLING SPACES FOR STREET ARTISTS IN THE 
DOWNTOWN AREA AND AT HARVEY MILK PLAZA, FOR NOVEMBER 15, 
1997 - JANUARY 15, 1998 

(The Program Director proposes the same 52 temporary selling 
spaces in the Downtown area as had been designated for 
the last five winter holiday seasons, with 4 spaces to 
be moved from the west side to the east side of Stockton 
Street, Geary to O'Farrell Streets, and the same 7 spaces 
at Harvey Milk Plaza as had been approved the last two 
winter holiday seasons and the winter season of 1992-93 
- and for the same time period as had been approved for 
the last seven years.) 

II HEARING AND POSSIBLE MOTION TO APPROVE REQUEST FOR ISSUANCE 
OF CERTIFICATE WITH WAIVER OF RE- SCREENING OF WARES AND 
WAIVER OF 1-MONTH SUSPENSION OF CERTIFICATE 

Hubert Emerson Ortis - Certificate # 4656 expired June 
5, 1997, prior to its scheduled suspension, period of June 
7 through July 6, 1997. 

III REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 



IV 




City and County of 
San Francisco* 



PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

ADJOURNMENT 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

^Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies luill make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



V! 






[Government Information Center] 
5th Floor 
Dept. #41 



( 






!fi 



S F 



A C 



SAN FRANCISCO ART C O MM I S S I O N 



STREET ARTISTS PROGRAM COMMITTEE 



fa 



PROGRAMS 



;ivic Art Collection 

Civic Design Review 

Community Arts 

& Education 

tural Equity Grants 

Symphony Concerts 

Public Art 



( ^August 13, 199" 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



M 



N U 



DOCUMENTS DEPT a 
AUG 2 1997 

SAN FRANCISCO 
PUBLIC LIBRARY 



Commissioners present: 



reet Artists Licenses 

Suite 70 

415.252.2581 



Emery Rogers, Rod Freebairn-Smith, 
William Meyer, Dugald Stermer, 



Commissioners absent: William Villa 

ommission Gallery 
1 Van Ness Avenue 

4i5.554.608o S t a f f present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Worthy 

Commissioner Rogers, Chair, called the meeting to order at 3:11 
p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST FOR ISSUANCE 
OF CERTIFICATE WITH WAIVER OF RE- SCREENING OF WARES AND 
WAIVER OF 1-MONTH SUSPENSION OF CERTIFICATE 

Hubert Emerson Ortis - Certificate # 4 656 expired June 

5, 1997, prior to its scheduled suspension period of June 

7 through July 6, 1997. 

Program Director Lazar conveyed the City Attorney's advice 
with respect to Mr. Ortis' s request. The Program Director 
also stated that during the month of June, when Mr. Ortis ' s 
certificate would have been suspended (had it been valid), 
and during the month of July and up to the present, he did 
not see Mr. Ortis selling nor did the Program receive any 
report of his selling. When Mr. Ortis had contacted the 
Program at the beginning of July to request a new 
certificate, he had said that he had honored the suspension 
period by not selling. The Program Director had then 
explained to him that the suspension had not "technically" 
been served because the certificate had been allowed to 
expire prior to its being suspended. 

The Program Director further explained that, because the 
City Attorney had advised that Mr. Ortis ' s request be heard 
by the Program Committee and acted on by the full Commis- 
sion, Mr. Ortis will have been without a certificate to 
sell his wares for the entire summer selling season, 
including both the 4th of July and Labor Day weekends. 

Mr. Ortis declined the opportunity to speak. 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - August 13, 1997 Page 2 



In response to questions by Commissioners Stermer and 
Rogers, Mr. Lazar reiterated that, despite the many phone 
complaints from artists reporting other artists' violations, 
the Program had received no reports (anonymous or otherwise) 
of Mr. Ortis having been selling this summer; Mr. Ortis, 
if re-certified, intended to sell the same jewelry for 
which he had been previously certified; and there has never 
been a question of whether he makes the work himself for 
he has demonstrated this at his sales stand. 

In response to questions from Commissioner Freebairn-Smith, 
Mr. Lazar stated that he had received only two phone calls 
from people expressing the opinion that it could be a 
negative precedent established if Mr. Ortis were not ordered 
to serve the suspension under a new certificate. 

In response to Commissioner Rogers' question of whether 
Mr. Ortis had gained a monetary advantage in letting his 
certificate expire, Mr. Lazar stated that the savings of 
approximately $30 - one month's certificate validity - 
would be offset by the $20 application fee, adopted last 
year by the Art Commission, which Mr. Ortis would have 
to pay in addition to the cost of a new certificate. In 
essence, Mr. Ortis "saved" $10, but this might be considered 
as being absorbed by his losing for himself the opportunity 
of selling during the best three-month sales season of 
the year. 

Commissioner Rogers stated that the evidence pointed to 
Mr. Ortis ' s having, in essence, served his suspension 
legitimately, and there was no point in adding to it. 
Furthermore, if similar situations were to occur with other 
artists, their requests should be heard on a case-by-case 
basis. He added that he felt it would be punitive for Mr. 
Ortis to serve the previous suspension on a new certificate. 

Commissioner Stermer concurred that Mr. Ortis 's suspension, 
in effect, had been honestly served. 

Commissioner Stermer moved that the request by Hubert 
Emerson Ortis for issuance of certificate with waiver of 
re-screening of wares be approved; the motion was seconded 
by Commissioner Freebairn-Smith and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION OF TEMPORARY 
WINTER HOLIDAY SELLING SPACES FOR STREET ARTISTS IN THE 
DOWNTOWN AREA AND AT HARVEY MILK PLAZA, FOR NOVEMBER 15, 



STREET ARTISTS PROGRAM COMMITTEE - August 13, 1997 - Page 3 



1997 - JANUARY 15, 1998 

The Program Director proposed the same 52 temporary selling 
spaces in the Downtown area as had been designated for 
the last five winter holiday seasons, with 4 spaces to 
be moved from the west side to the east side of Stockton 
Street, Geary to O'Farrell Streets, and the same 7 spaces 
at Harvey Milk Plaza as had been approved the last two 
winter holiday seasons and the winter season of 1992-93. 
The temporary spaces would be for the same time period 
as had been approved for the last seven years. For the 
past fifteen years, the Board of Supervisors has approved 
winter holiday spaces in the Downtown area. 

The Program Director went on to say that, as before, all 
the store merchants, building managers, and merchant organi- 
zations on the Street Artists Program's mailing list had 
been sent the agenda of the meeting. The Program Director 
had telephoned and spoken with Ms. Linda Mjellum, Executive 
Director of Union Square Association, and had also tele- 
phoned Ms. Ann Paolini, Manager of Neiman Marcus, and 
left a message alerting her of the agenda. 

The Commissioners noted that no store merchants, building 
managers or representatives from merchant organizations 
were in attendance. 

The Program Director explained that last year's relocation 
of four spaces from the east side to the west side of 
Stockton Street, at Geary, was in deference to Neiman 
Marcus's Ann Paolini who had predicted large crowds of 
viewers of her store's windows. The verbal messages Mr. 
Lazar had received since then from the street artists 
indicated that the artists preferred to have the four 
spaces moved back to the east (Neiman Marcus) side of 
the street. 

The Commissioners ascertained that the Program Director 
will continue requesting off-duty Police officers, 
paid by the Street Artists Program, to cite and confiscate 
the merchandise of unlicensed vendors in the Downtown 
area for the two weeks prior to Christmas. Despite this 
effort, the Program Director reported, the Police officers 
have expressed frustration over seeing the same unlicensed 
vendors returning with merchandise day after day, year 
after year. 

There followed a discussion on the need for the District 



STREET ARTISTS PROGRAM COMMITTEE - August 13, 1997 Page 4 



Attorney's office to make it a priority to vigorously 
prosecute such cases - especially since the Street Artists 
Program was paying for the enforcement. 

Street Artist Bill Clark stated that, based on his discus- 
sions with other street artists, the main problem the 
artists have is over the District Attorney's past refusal 
to prosecute the illegal vendors who are arrested. The 
vendors are cited and their merchandise is confiscated, 
but the charges against them are dismissed; and it becomes 
widely known by other illegal vendors that if they get 
caught, the District Attorney will dismiss the charges, 
and they will get their merchandise back. These matters 
are not high on the priority of the D.A.'s office. Mr. 
Clark said he knew Terence Hallinan personally and did 
not feel that Mr. Hallinan was aware of the problem that 
the situation was causing for the Street Artists Program. 

Mr. Clark also asked that the Commission implement its 
motion made last year to seek reimbursal of the Program's 
costs of enforcing the street artist ordinance from fines 
collected for violations of the ordinance. 

Officer Mike Deely of Northern Police Station stated that 
he has worked the "bootleg T-shirts" detail at Candlestick 
Park and other large-crowd events. In his experience, the 
illegal vendor is cited, his money and merchandise are 
confiscated, his merchandise - perhaps 200 T-shirts - is 
painstakingly inventoried, and all that this effort accom- 
plishes is to put the illegal vendor out of business for 
that day. Officer Deely went on to say that he has never 
received a subpoena to go to court on having issued a cita- 
tion for peddling without a permit. 

In response to a question by Commissioner Rogers, Officer 
Deely stated that it is not difficult to get a conviction 
on an illegal vendor, especially since it is ascertained 
that the vendor does not have a permit to go with the 
product he is selling. The lack of prosecution of such 
cases allows for the continuous illegal selling of T-shirts 
in such tourist areas as Twin Peaks. 

Street Artist Bill Clark stated that, while he could accept 
the dismissal of first-time offenders, he wanted to see 
the Art Commission convey to the City Attorney that 
multiple-incident offenders should be prosecuted. He also 
wanted to see such offenders cited as misdemeanors rather 
than as infractions. 



STREET ARTISTS PROGRAM COMMITTEE - August 13, 1997 Page 5 



Commissioner Rogers asked the Program Director to take 
the time between the end of the Program's anniversary 
celebration and the start of the Christmas season to meet 
with parties involved with the problem, so that word 
could be sent out to the street that illegal vendors 
would be prosecuted. Unless the District Attorney's office 
cooperates, he said, this will not be able to happen. 
The Commissioner said he would like to attend such a 
meeting and asked his fellow Commissioners also to attend. 

Commissioner Freebairn-Smith questioned if there were other 
cities that had to deal with this problem and, if so, how 
they dealt with it. 

Commissioner Stermer moved that the Board of Supervisors 
be requested to designate temporary winter holiday 
selling spaces for street artists in the Downtown area 
and at Harvey Milk Plaza, for November 15, 1997 - January 
15, 1998, as proposed by the Program Director; the motion 
was seconded by Commissioner Freebairn-Smith and unanimously 
approved. 

III REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

The Program Director outlined the progress of the 25th 
anniversary celebration project scheduled for September 
20th. Some of the posters have been observed on kiosks 
on Market Street; the Police approved the amplification 
permit; the City Risk Manager found a carrier for the 
insurance policy. Mr. Lazar asked the Commissioners for 
help in contacting persons they know in the media to 
feature the event. Commissioners Freebairn-Smith and 
Rogers said they would try to do so. 

IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

No comment was received. 

Commissioner Freebairn-Smith moved to adjourn the meeting; 
the motion was seconded by Commissioner Meyer and unan- 
imously approved. The meeting was adjourned at 4:00 p.m. 



Respectfully submitted: 



Howard Lazaw, Director 
Street Artists Program 



S F 



A C 



SAN FRANCISCO 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

ltural Equity Grants 

S Symphony Concerts 

Public Art 



/ 



ART COMMISSION 



DOCUMENTS DEPT. 

SEP 5 igg 7 

SAN FRANC-- 1 
PU3LIC LIBRAHY 



NOTICE 



treet Artists Licenses 

suite 70 The meeting of the ^STREET ARTISTS PROGRAM COMMITTEE 
4i5.252.258i scheduled for Wednesday, September 10, 1997 has been cancelled 
due to preparations for the celebration of the 25th anniversary 
:ommission GALLERY f the Street Artists Program scheduled for Saturday, September 

)1 Van Ness Ave nue_ _. . _ , — . __ n . „ . . _. . 

4i5.554.608o20th on Beach Street, Hyde to Larkin Streets. 

The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, October 8, 1997, 3:00 p.m., in the 
Art Commission Conference Room, Suite 70, 25 Van Ness Avenue, 
San Francisco. 






Street Artists Program 
September 3, 1997 




City and County of 
San Francisco 






25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



c 



S F 



A C 



SAN FRANCISCO ART COMMISSION 



WO- 15 

/ 0/1/1 7 



PROGRAMS 

ivic Art Collection 

Zivic Design Review 

Community Arts 

& Education 

ruRAL Equity Grants 

Symthony Concerts 

Public Art 



reet Artists Licenses 

Suite 70NOte: 

415.252.2581 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, ^October 8, 1997 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 

„ A G E N D A 



DOCUMENTS DEPT, 

OCT 01 1997 

SAN FRANCISCO 
PUBLIC LIBRARY 



jmmission Gallery 
|l Van Ness Avenue 
415.554.6080 



II 






III 




City and County of 
San Francisco 



Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS PERMANENT DESIGNATION 
OF TEN SELLING SPACES ON BEACH STREET, NORTH SIDE, LARKIN 
TO POLK STREETS, FORMERLY DESIGNATED AS TEMPORARY SPACES 
IN RESOLUTION NO. 572-77 

HEARING AND POSSIBLE MOTION TO APPROVE POLICY OF NOTIFYING 
PORT COMMISSION OF STREET ARTIST VIOLATORS ON PORT PROPERTY 

NOTE: In Exhibit 2 of Port Resolution No. 95-56, adopted 
June 27, 1995, it is stated: "Street artists shall comply 
with all applicable laws, rules and regulations of the 
Port governing their use of Spaces on Port property. In 
the event a designated Port property manager determines 
that a street artist on Port property has violated such 
applicable laws, rules and regulations, such violator shall 
be given written notice of the violation. In the event 
of two or more violations, such violator shall be denied 
the ability to participate in the lottery for Spaces on 
Port property for the twelve month period following such 
notice of violation. Any street artist receiving a notice 
of violation shall have the opportunity for a hearing on 
the notice of violation before the Port Executive Director 
or his designated director who may act in the place of 
the Executive Director as the hearing officer. Three or 
more violations received within any twelve (12) month period 
shall be grounds for permanent forfeiture of the street 
artist rights to locate on Port property." 

REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 



Continued 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - October 8, 1997 Agenda 

Page 2 



interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

ADJOURNMENT 



ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



S|F 



AC 



PROGRAMS 

:ic Art Collection 

vie Design Review 

Community Arts 

& Education 

ral Equity Grants 

fMTHONY Concerts 

Public Art 



SAN FRANCISCO ART COMMISSION 



GF 
(\io.ns 

ti/fz/rf 

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STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, ^November 12, 1997 
3:'6o p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 

AGENDA 



fs + <V-j S°^*~ 
DOCUMENTS DEPT. 

sm ?RANC»SCO 
PUBLIC LIBRARY 



et Artists Licenses 

Suite 70 

415.252.2581 



.mission Gallery 

/an N ess Avenue 

415.554.6080 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



I HEARING AND POSSIBLE MOTION REGARDING SPACES "j-8" AND 
"J- 9" ON PORT PROPERTY 

II HEARING AND POSSIBLE MOTION TO APPROVE STREET ARTISTS PRO- 
GRAM TO CHARGE A FEE OF TEN CENTS (.10) PER PAGE, PLUS 
ANY POSTAGE, OF DOCUMENTS ASSEMBLED AND COPIED BY STAFF 

TO THE ORDER OF A REQUESTER 

III REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

V ADJOURNMENT 




ty and County of 
San Francisco 



S 



S Van Ne?s Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2 5^5 



A CCESSIBILITY IN FORMA TION 

"Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the An Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-S925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under die Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://w\vw.ci.sf.ca.us/ethics/. 



" 



S|F 



AC 



PROGRAMS 

vic Art Collection 

;ivic Design Review 

Community Arts 

& Education 

ural Equity Grants 

Symphony Concerts 

Public Art 



eet Artists Licenses 

Suite 70 

415.252.2581 



SAN FRANCISCO ART COMMISSION 



/oft/17 



STREET ARTISTS PROGRAM COMMITTEE 



* 



October 8, 1997 

Art Commission Conference Room DOCUMENTS DEPT, 

25 Van Ness Avenue, Suite 70 
San Francisco, California 



MINUTES 



OCT 311997 

SAN FRANCISCO 
PUBLIC LIBRARY 



Commissioners present: Emery Rogers, William Meyer, Dugald 

Stermer, William Villa 



Commissioners absent 



Rod Freebairn-Smith 



mmission Gallery 

Van Ness Avenue 

415. 5S4. 6080 




City and County of 
San Francisco 



Staff present: Director of Cultural Affairs Richard Newirth 

Director of Street Artists Program Howard Lazar 

The meeting was called to order at 3:07 p.m. 

I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS PERMANENT DESIGNATION 

OF TEN SELLING SPACES ON BEACH STREET, NORTH SIDE, LARKIN 
TO POLK STREETS, FORMERLY DESIGNATED AS TEMPORARY SPACES 
IN RESOLUTION NO. 572-77 

The Commissioners reviewed Board of Supervisors Resolution 
No. 572-77, which designated ten street artist spaces on 
"Beach Street, north side, Larkin to Polk Streets" as 
"temporary sites" to "terminate October 1, 1978," and 
acknowledged that the spaces had subsequently been rein- 
stated for temporary one-year periods in 1978, 1979, and 
1980. 

Commissioner Villa moved that the Program Director be 
authorized to request the Board of Supervisors for per- 
manent designation of ten selling spaces on Beach Street, 
north side, Larkin to Polk Streets, formerly designated 
as temporary spaces in Resolution No. 572-77; the motion 
was seconded by Commissioner Stermer and unanimously ap- 
proved. 

II HEARING AND POSSIBLE MOTION TO APPROVE POLICY OF NOTIFYING 
PORT COMMISSION OF STREET ARTIST VIOLATORS ON PORT PROPERTY 

The Commissioners reviewed Port Commission Resolution No. 
95-96, adopted June 27, 1995, and its attached Exhibit 
2 which states in item 2(e): "Street artists shall comply 
with all applicable laws, rules and regulations of the 
Port governing their use of Spaces on Port property. In 
the event a designated Port property manager determines 
that a street artist on Port property has violated such 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - October 8, 1997 Page 2 



applicable laws, rules and regulations, such violator shall 
be given written notice of the violation. In the event 
of two or more violations, such violator shall be denied 
the ability to participate in the lottery for Spaces on 
Port property for the twelve month period following such 
notice of violation. Any street artist receiving a notice 
of violation shall have the opportunity for a hearing on 
the notice of violation before the Port Executive Director 
or his designated director who may act in the place of 
the Executive Director as the hearing officer. Three or 
more violations received within any twelve (12) month 
period shall be grounds for permanent forfeiture of the 
street artist rights to locate on Port property." 

Asked by the Commissioners for his recommendation, Program 
Director Lazar recommended a policy of notifying the 
Port of street artist violators in order to maintain the 
integrity of the Street Artists Program on Port property. 
To implement such a policy, he proposed that a copy of 
any "NOTICE OF WARNING" given to a street artist for viola- 
ting the street artist ordinance on Port property (Jefferson 
Street) be sent to the Port Commission and stated as such 
on the "WARNING": "cc: Port Commission." 

Street Artists Therese Roller and Kathy Hallinan objected 
to the recommendation. Ms. Roller said the Art Commission 
wanted to be "punitive" and that the proposed policy would 
"stir up problems" and not be beneficial, and that "the 
Port really doesn't care" and has not been policing the 
spaces. Ms. Hallinan said that since 1995 there has not 
been one complaint from Chris Martin of The Cannery, 
and that Rirk Bennett of the Port said he wanted to give 
the artists more spaces. 

In response to a question from Commissioner Rogers, Program 
Director Lazar stated that Mr. Martin had, over the past 
two years, written and phoned his complaints regarding 
Jefferson Street artists' allowing their displays to 
infringe on the pedestrian aisleway by his building, 
infringe on the main entrance to The Cannery courtyard, 
and infringe on the southwest crosswalk-intersection of 
Jefferson and Leavenworth. With regard to the granting 
of more spaces, the Port Commission in its meeting of last 
December refused to grant additional spaces. 

Street Artist Robert Clark expressed his support of the 
proposed policy, stating that in his twenty-five years 
of working with the Art Commission it has been "extremely 



STREET ARTISTS PROGRAM COMMITTEE - October 8, 1997 Page 3 



difficult" to get the Port Commission to grant spaces 
"because of the activities of street artists on Jefferson 
Street." It was time for the artists to be told that their 
activities on Jefferson Street were jeopardizing the future 
of their spaces. For some artists, the outcome of the 
proposed policy might result in their being prohibited 
from selling on Jefferson Street, but they would not be 
precluded from selling in non-Port spaces. He also endorsed 
the proposed policy from a liability standpoint: the Port 
should be kept aware of deleterious street artist activities 
because the Port is legally responsible for the use of 
its property. 

Director Newirth handed the Commissioners a copy of a letter 
of March 27, 1997 from Port Executive Director Douglas F. 
Wong to street artist Therese Roller which states that 
on December 10, 1996, "the Port Commission did not support" 
its staff's recommendation to reinstate two street artist 
spaces ("J-8" and "J-9"): "... One Port Commissioner did 
propose a motion supporting the Port staff's recommendation, 
but the motion died for lack of a second, demonstrating 
a unique lack of support by the Port Commission for the 
staff's recommendation. ... I am not prepared to submit 
to the Port Commission any recommendation to change to 
the Port's current policy for street artists spaces on 
Port property." 

Commissioner Stermer moved that a policy for the Street 
Artists Program to notify the Port Commission of street 
artist violators on Port property be approved; the motion 
was seconded by Commissioner Villa and unanimously approved. 

Ill REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar thanked the Commissioners for all 

of their encouragement and assistance in the year-long 

preparation of the Program's 25th anniversary project. 

A by-product from the success of the celebration was being 

able to show the store merchants on Beach Street that, 

by closing their street for a one-day event, their business 

was not harmed. 

Commissioner Stermer expressed support for the Program 
Director's vision of someday having Beach Street closed 
to vehicles on a weekend basis, with street artists selling 
in the street among performers, patrons sitting at cafe 
tables, and other activities - all of which would encourage 



STREET ARTISTS PROGRAM COMMITTEE - October 8, 1997 Page 4 



the flow of shoppers from the east end of the Wharf to 
the west end. 

Commissioner Meyer said the idea would reinforce the whole 
open space concept of the area and would yield more access 
to the water. 

The Program Director informed the Commissioners that the 
request for the 59 winter holiday spaces for street artists 
was scheduled before the Board of Supervisors' Housing 
and Neighborhood Services Committee on October 16th. 

IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

Street Artist Therese Koller stated that the Program has 
not published a bluebook of rules for ten years, "that 
nobody knows what the rules are, that it becomes a matter 
of who's the biggest bully at the lottery." 

Commissioner Meyer responded that the staff was presently 
working on an updated edition of the book. 

Program Director Lazar stated that he was half-way through 
the editing of the new edition which he estimated would 
be about 150 - 160 pages long and will include, in addition 
to the updated rules and regulations, a history of the 
establishment of the Program. 

On another issue, Ms. Koller stated she met with 
Commissioner Freebairn-Smith in his office and he agreed 
to put on the agenda the matter of requesting the Port 
Commission to reinstate spaces "J-8" and "J-9" but he 
had not followed through; she was now asking that two 
Commissioners place the matter on the full Commission 
agenda of November. She stated that the matter had been 
left open by the Port to be re-heard. 

Director Newirth stated that as recently as last March 
the Port Executive Director said that the Port was not 
going to consider the matter.* 

Commissioner Rogers stated that he shared that understand- 
ing. He invited her, however, to request the Program 



* See excerpt from Director Wong's March 27, 1997 letter to 
Ms. Koller on Page 3 of these minutes. 



STREET ARTISTS PROGRAM COMMITTEE - October 8, 1997 



Page 5 



Director to place the matter on the agenda of the Program 
Committee, and the Commissioners would consider having 
a hearing on it. He said she would receive a response in 
writing as to the Committee's decision on whether it would 
hear the matter. 

Street Artist Kathy Hallinan stated that she felt the 
Commissioners were "looking down on us", were "intimidating", 
and said that she felt she did not get to state her point 
of view. She went on to say that the people who organized 
the Program's 25th anniversary celebration had not been 
street artists for twelve or fifteen years and do not work 
at the Wharf. 

Commissioner Rogers adjourned the meeting at 4:12 p.m. 



Respectfully submitted 




Howard Lazar 

Director 

Street Artists Program 



S F 



A C 



/ 



SAN FRANCISCO/RT COMMISSION 



programs 

Iivic Art Collection 

Civic Design Review 

Community Arts 

& Education 

tural Equity Grants 

Symthony Concerts 

Public Art 



a //a/97 



STREET ARTISTS PROGRAM COMMITTEE 



Wednesday, November 12, 1997 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



N 



DOCUMENTS DEP*!\ 
NOV 4 1997 

SAN FRANCISCO 
PUBLIC LIBRARY 



reet Artists Licenses 

Suite 70 

415.252.2581 



OMMisbiON Gallery 

1 Van Ness Avenue 

415.554.6080 




City and County of 
\ San Francisco 



.ic testimony is invited and shall be limited to three 
minutes per person. No member of the public or witness 



Note: Publ: 
(3) 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



I HEARING AND POSSIBLE MOTION REGARDING SPACES "J-8" AND 
"J- 9" ON PORT PROPERTY 

II HEARING AND POSSIBLE MOTION TO APPROVE STREET ARTISTS PRO- 
GRAM TO CHARGE A FEE OF TEN CENTS (.10) PER PAGE, PLUS 
ANY POSTAGE, OF DOCUMENTS ASSEMBLED AND COPIED BY STAFF 

TO THE ORDER OF A REQUESTER 

III REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

V ADJOURNMENT 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

*Pursuanl to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
zuith disabilities. 

Full Commission Meetings, and individual Committee Meetings of the An Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-S925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



C 






/SL 



S F 



A C 



h 



PROGRAMS 



2ivic Art Collection 
Civic Design Review 
Community Arts 
& Education 
ltural eojjity grants 
I Symphony Concerts 
Public Art 



SAN FRANCISCO >RT COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 

? November 12, 1997 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



M 



N U 



DOCUMENTS DEPT. 
NOV 2 4 1997 

SAN FRANCISCO 
PUBLIC LIBRARY 



treet Artists Licenses 
Suite 70 
415.252.2581 



Commissioners present 



Emery Rogers, Rod Freebairn-Smith, 
William Meyer, William Villa 



ommission Gallery 
11 Van Ness Avenue 



Commissioners absent: Dugald Stermer 
^"^.i Staff present: Director of Street Artists Program Howard Lazar 

415.554.6080 *■ 

Commissioner Rogers, Chair, called the meeting to order at 3:00 
p.m. 

I HEARING AND POSSIBLE MOTION REGARDING SPACES "j-8" AND 
"J- 9" ON PORT PROPERTY 




City and County of 
San Francisco 



The Commissioners 
that morning from 
"on the advice of 
had requested "unt 
stated that it was 
there were people 
to the meeting to 
proceed. He reque 
background on the 



acknowledged the FAXed letter received 
Street Artist Therese Koller requesting 
counsel" a withdrawal of the item she 
il further notice." Commissioner Rogers 
a calendared item for a public hearing, 
present who had taken the time to come 
testify, and he wanted the hearing to 
sted Program Director Lazar to give some 
item. 



The Program Director discussed the events relative to spaces 
"J-8" and "J-9" over the past two and a half years, which 
included the Port Commission's removal of the two spaces 
in 1995 in deference to a doorway of The Cannery; the Port 
Commissioners' refusal to reinstate the two spaces when 
so recommended by their former Director last December; 
and the new Director's position stated clearly in a letter 
to Therese Koller, as recently as March, 1997, that "there 
is not support by the Port Commission to change this res- 
olution" and "I am not prepared to submit to the Port Com- 
mission any recommendation to change to the Port's current 
policy for street artist spaces on Port property." 

The Program Director further stated that months prior to 
the Port's December refusal to reinstate the spaces, the 
Street Artists Program office had received a message from 
Street Artist Kathleen Hallinan that a meeting of the Art 
Commission's Street Artist Liaison Committee had been held 
and she, Ms. Koller, and another artist had been 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1997 Page 2 



"designated" to negotiate with the Port on the two spaces. 
No official notice of the meeting had been given to the 
Program office, the Art Commission, or the Library. Ms. 
Hallinan and Ms. Roller pursued the issue at the Port, 
and Port staff telephoned and wrote the Program Director, 
expressing bewilderment as to why the issue was being 
pursued. (In a letter of 8/14/95, former Director Dennis 
Booey stated, "Since this resolution has just been passed 
by the Port Commission, I believe that it is too soon to 
now consider additional street artist spaces on Port 
property. " ) 

In their most recent pursuit of the issue at the Art Commis- 
sion, Ms. Roller wrote to President Gatti that "if it is 
necessary to go through the Program Committee, then we 
are requesting that the full Art Commission be present 
at that meeting." 

Commissioner Rogers opened the hearing to public testimony. 

Mr. Christopher Martin, managing partner of The Cannery, 
stated that The Cannery has street artists on all three 
of its street fronts, and that for twenty-five years The 
Cannery has tried to co-exist with the Street Artists 
Program which included involvement with the Program in 
attempting to upgrade standards to ensure that handmade 
items (not mass-produced) would be sold. The Cannery 
has, however, had problems from time to time with the 
manner in which the artists set up their displays, where 
they park their cars, and "squeezing" (setting up displays) 
in illegal spaces between the legal spaces. 

Mr. Martin went on to say that when a new tenant of The 
Cannery put in a door on Jefferson Street, spaces "J-8" 
and "J-9" came within twelve feet of the entrance of the 
store and were eliminated. At the time they were elim- 
inated, The Cannery agreed to allow some additional spaces 
on its Beach Street side which actually were adjacent to 
The Cannery's entranceway. 

Mr. Martin said that his group was opposed to "J-8" and 
"J-9" for the following reasons: (1) They would constrict 
access to the store on Jefferson Street; (2) when the two 
spaces, along with the others in the line, were in 
existence, there was a "nightmare" of "squeezing" in as 
many as fifteen artists within six spaces. He wanted 
to see the issue closed, as it was counter-productive 
and pitted the interests cf street artists against those 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1997 Page 3 



of the merchants, as it did at the Port Commission. 

Commissioner Rogers, upon questioning the Program Director, 
ascertained that when the Port deleted "j-8" and "J-9", 
there was no net loss of spaces as the Port granted two 
replacements, "J-lA" and " J-1B" . In addition, with the 
cooperation of The Cannery and the efforts of the Art Com- 
mission, the street artists received four more spaces on 
Beach Street (three adjacent to The Cannery entrance, and 
one at Beach and Hyde Streets) - all of which became viable 
selling locations. 

Street Artist Eunice Rodriguez stated that in 1995 she 
wrote a letter against Ms. Hallinan and Ms. Roller who 
were irritating the Port with the issue of the two spaces, 
and that she, Mrs. Rodriguez, had attended Port meetings 
and surmised that the Port does not wish to grant the 
spaces. She felt that the two artists should not be al- 
lowed to take up the time of the Port Commissioners and 
the Art Commissioners with an issue that was settled. 

Mrs. Rodriguez went on to say that she, a member of the 
Liaison Committee, had not been informed of the Liaison 
Committee "meeting" prior to the morning of the "meeting" 
when Ms. Hallinan approached her at the lottery and told 
her that a special meeting was going to be held; Mrs. Rod- 
riguez had refused to attend on the grounds that no advance 
notice or agenda had been posted. She learned that the 
meeting was held and that Ms. Roller and Ms. Hallinan 
"appointed themselves to go to the Port to get 'J-8' and 
'J-9' back on their own." Mrs. Rodriguez reiterated that 
she, a Liaison member, had received no agenda from the 
Program or from anyone that the Liaison "meeting" would 
be held. 

Street Artist Robert Clark thanked the Commissioners for 
choosing to hear the item because people like Mr. Martin 
and he had taken the time, after being notified, to come 
to the meeting and give input. As a street artist, his 
ethic has been to try to work with The Cannery, while 
Mr. Martin had had to deal with much of the problems en- 
gendered by the artists next to his building. If Mr. 
Martin stated that spaces "J-8" and "J-9" caused problems, 
then he, Mr. Clark, wanted it on record that he, as a 
street artist accepted his opinion and that the artists 
were willing to work with the store merchants in the 
area. 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1997 Page 4 



Mr. Clark went on to say that he, a member of the Liaison 
Committee, was not informed "until the last moment" that 
the Liaison "meeting" would occur which had appointed 
members to approach the Port; he refused to attend because 
he felt it was a violation. Later, he chose to attend 
a Port meeting in order to tell the Commissioners that 
Ms. Roller did not represent him as an artist and that 
"she was illegally representing" the Liaison Committee. 
At the Port meeting, he added, Ms. Roller told him to leave 
the meeting and tried to convince the Commission to prohibit 
him from attending its meetings. 

Street Artist William Clark stated that, prior to today's 
meeting, Ms. Roller and Ms. Hallinan were present in the 
meeting room, told him they were not feeling well, and 
chose to leave. 

At the request of Commissioner Rogers, the Program Director 
discussed a list he had submitted of 35 street artist viola- 
tions noted on Port property from the time of the Port's 
resolution (June 27, 1995) to the present, most of the 
violations being artists selling in illegal locations. 

Commissioner Rogers stated that, in deference to Ms. Roller 
and Ms. Hallinan, he did not want to take any action; 
rather, he wanted to see if they wished to request the 
item for another hearing. The persons who had given 
testimony at today's hearing would not be required to 
return. He wanted to give Ms. Roller and Ms. Hallinan 
the opportunity to present testimony. 

Commissioner Meyer stated that his view reflected Mr. 
Martin's comments: the issue had been thoroughly heard, 
and he did not wish to pursue the issue and create fric- 
tion with The Cannery. Furthermore, from the facts it 
was clear that there had been a trade-off of spaces. 

Commissioner Freebairn-Smith asked that the minutes reflect 
the Committee's appreciation for the testimony of Mrs. 
Rodriguez, Mr. Clark, and Mr. Martin, because this was 
a "continuing issue". He went on to say that the strength 
of feeling that Ms. Roller and Ms. Hallinan have about 
it seemed "exaggerated . . . "beyond the care in the negotia- 
tions that have been given the issue." The issue had been 
given "more than adequate discussion." 

II HEARING AND POSSIBLE MOTION TO APPROVE STREET ARTISTS PRO- 
GRAM TO CHARGE A FEE OF TEN CENTS (.10) PER PAGE, PLUS 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1997 Page 5 



ANY POSTAGE, OF DOCUMENTS ASSEMBLED AND COPIED BY STAFF 
TO THE ORDER OF A REQUESTER 

The Commissioners acknowledged Section 66.28 of the Sun- 
shine Ordinance which states: "For documents assembled 
and copied to the order of a requester ... a fee not to 
exceed 10 cents per page may be charged, plus any postage." 

Program Director Lazar submitted a recommendation from 

Director of Cultural Affairs Newirth and himself: ten cents 

a page for any document over ten pages and/or any request 
for three or more documents. 

After discussion, Commissioner Meyer moved that a fee of 
ten cents per page be charged for any document or documents 
comprising thirty pages or over; the motion was seconded 
by Commissioner Freebairn-Smith . 

After further dicussion, Commissioner Meyer amended his 
motion as follows: that a fee of ten cents (.10) per page 
be charged for any document or documents comprising ten 
(10) or more pages assembled and copied by staff to the 
order of a requester; the motion was seconded by Commis- 
sioner Freebairn-Smith, and unanimously approved. 

Ill REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Commissioner Rogers inquired on the progress of the draft 
of the Program's upcoming "bluebook" or handbook of rules, 
procedures, and policies. Program Director Lazar, its 
editor, responded that the draft was half -completed when 
he had to stop working on it in September due to the final 
stages of the anniversary celebration event. Since then, 
he had not been able to resume work on it due to paying 
the bills and handling final matters of the event, handling 
violation cases and the other ongoing managerial and 
enforcement matters of the Program, and responding to 
requests by certain certificate-holders for Commission 
documents. He was looking forward to resuming work on 
the book in December. 

The Program Director informed the Commissioners of his 
meeting on the following day with the Department of Public 
Works, the Police Department, the Market Street Association, 
the Powell Street Merchants Associations, and street artists 
on reconfiguring street artist spaces at Hallidie Plaza. 



STREET ARTISTS PROGRAM COMMITTEE - November 12, 1997 Page 6 



IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

Street Artist William Clark stated that, prior to the 
present meeting, he had submitted a request for the Art 
Commission to hear a proposal for the Street Artists 
Program to have a designated Website on the computer 
net; it was to have been calendared for today's meeting, 
but he conceded to the Program Director's request to 
hold over the item to a future meeting, in deference to 
the present agenda's major item, the hearing on spaces 
"J-8" and "J-9." He asked that his item be taken up 
at the next Program Committee meeting. 

Street Artist Eunice Rodriguez requested, for the second 
time, that the Program look into obtaining street artist 
spaces by Starbuck's on 4th Street at Mission Street. 
Commissioner Rogers responded that he wanted the Program 
Director to look into the proposal after the winter holiday 
selling season is over and after he completes the 
"bluebook." 

The meeting adjourned at 3:53 p.m. 

Respectfully submitted: 




Howard Lazar 

Director 

Street Artists Program 



S F 



A C 



programs 

ivic Art Collection 

Divic Design Review 

Community Arts 

& Education 

ural Equity Grants 

Symthony Concerts 

Public Art 



SAN FRANCISCO ART COMMISSION 



/ 



(\10.15 



DOCUMENTS DEFT. 

HOV l 7 199 7 

SAN FRANCISCO 
PUBLIC LIBRARY 



NOTICE 



The meeting of the ^TREET ARTISTS PROGRAM COMMITTEE 
scheduled for Wednesday/ December 10, 1997 has been canc elled . 

ieet Artists Licenses ''*,, ^" ■ 

Suite 70 

4is.252.258i The next meeting of the Street Artists Program Committee 

is scheduled for Wednesday, January 14, 1997, 3:00 p.m. in the 

amission GALLERYArt Commission Conference Room, Suite 70, 25 Van Ness Avenue, 
. van ness avenue San Francisco. 

41S. 554. 6080 



Street Artists Program 
November 18, 1997 



) 




jty and County of 
San Francisco 



5 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



S F 



A C 



PROGRAMS 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

zultural eqjjity grants 

>PS Symphony Concerts 

Public Art 



;an franciscoart commission 

sr 

#70.75 



OGCUMEMTS DEPT. 
JAN 1 2 1998 

SAN FRAMCSSCO 
PUBLIC LIBRARY 



NOTICE 



The meeting of the ^STREET ARTISTS PROGRAM rnMMTTTT! R 
street artists licenses scheduled for Wednesday/ January 14, 1998 has been cancelled. 



Suite 70 
415.252.2581 



The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, February 11, 1998, 3:00 p.m. in 



Commission Gall^ay ~ __ __ ~ 

401 van ness avenue the Art Commission Conference Room, Suite 70, 25 Van Ness Avenue, 
4i5.554.608o San Francisco. 



Street Artists Program 
January 9, 1998 




City and County of 
J San Francisco 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



S F 



A C 



PROGRAMS 

2ivic Art Collection 

Civic Design Review 

Community Arts 

& Education 

jural Equity Grants 

; Symphony Concerts 

Public Art 



rREET Artists Licenses Note 
Suite 70 
415.252.2581 



ommission Gallery 

H Van N ess Avenue 

415.554.6080 



SAN FRANCISCO y\ RT COMMISSION 



6F 



, STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, February 11, 1998 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



DOCUMENTS DEPT. 
JAN % 9 1998 

Pu8.uC LSbfi*- 



*> 



E N 



30 p.m. 
~^ing 




Public testimony is invited and shall be limited to three 
(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



I HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF CERTIF- 
ICATE OR RENEWAL OF CERTIFICATE 

Alfred Gamarra - Certificate § 1547. Alleged violation: 
Display of items by a salesperson, first violation. 

II HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF CERTIF- 
CATE OR RENEWAL OF CERTIFICATE 

Matt Summers - Certificate # 387. Alleged violation: 
Esceeding display length regulation (Ord. 41-83, Section 
2405(c)(4) ), third violation. 

III HEARING ON PROPOSAL TO REQUEST BOARD OF SUPERVISORS TO 
DESIGNATE AS A SALES AREA FOR THE STREET ARTISTS PROGRAM 
A WEBSITE ON THE INTERNET 

IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

V PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

VI ADJOURNMENT 



City and County of 
\ San Francisco 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

*Pursuanl to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the An Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-S925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



'n 



S F 



A C 



PROGRAMS 



SAN FRANCISCO ART CO MM I S S I O N 



STREET ARTISTS PROGRAM COMMITTEE 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

iltural eojjity grants 

S Symphony Concerts 

Public Art 



^February 11, 1998 

Art Commission Conference Room 

25 Van Ness Avenue, Suite 70 

San Francisco, California 



M 



N U 



E 



DOCUMENTS DEPT. 

FEB i 9 1998 

SAN FRANC .SCO 
PUBLIC LIBRARY 



treet artists licenses Commissioners present: Emery Rogers, Rod Freebairn-Smith, 

Suite7 ° William Meyer, Dugald Stermer, William 

Villa 



415.252.2581 



^rv:NN°Ess G AvENuI Commissioners absent: None 



415.554.6080 



Staff present: Director of Street Artists Program Howard Lazar 

Certificate Clerk Antoinette Worthy 

Commissioner Rogers, Chair, called the meeting to order at 3:08 
p.m. 

I HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 

HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF CERTIF- 
ICATE OR RENEWAL OF CERTIFICATE 

Alfred Gamarra - Certificate # 1547. Alleged violation: 
Display of items by a salesperson, first violation. 

Program Director Lazar stated that a violation of having 
a salesperson was considered a "serious violation" - not 
a "minor violation" - under the Art Commission's new hearing 
procedures, and that was why the charge against Mr. Gamarra 
was referred directly to the Program Committee with 
issuance of notice to Mr. Gamarra that his certificate 
renewal was being withheld pending a decision by the 
Committee . 

The Commissioners acknowledged receiving in the mail copies 
of the reports of three incidents of Mr. Gamarra ' s allegedly 
having a salesperson on his behalf at his display and 
acknowledged receiving copies of letters furnished by Mr. 
Gamarra on his behalf. 




City and County of 
San Francisco 



The Commissioners received testimony from the follow- 
ing witnesses to the three incidents, as noted: 

Incident 1 (December 21, 1997, Stockton Street, east side, 
Geary to O'Farrell ) : Susan Tibbon, Member, Advisory Commit- 
tee of Street Artists and Craftsmen examiners, stated that 
Advisory Committee member Mathew Porkola and she were on 
monitoring duty, observing the arts and crafts for adherence 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - February 11, 1998 Page 2 



to the rules, when they observed a man they did not recog- 
nize standing behind Mr. Gamarra ' s open display and 
engraving a money clip. She asked him where the artist 
had gone and was told that Mr. Gamarra had gone to a rest 
room. Ms. Tibbon and Mr. Porkola then went around the 
corner and returned about thirty minutes later, whereupon 
they found that the man behind the display had a customer 
in front of him and was continuing to engrave a money clip. 
The customer took the money clip, and the man behind the 
display suggested that he return later to pay him since 
"the Art Commission people were there". She then asked 
to see Mr. Gamarra ' s license; it was not produced. When 
Mr. Gamarra returned, she asked him for his license, and 
he declined. They found a Police officer who asked Mr. 
Gamarra to see the license; Mr. Gamarra produced it. She 
and Mr. Porkola explained to Mr. Gamarra that it was a 
serious violation to have a salesperson. 

Mathew Porkola, Chair, Advisory Committee of Street Artist: 
and Craftsmen Examiners, stated that when Ms. Tibbon and 
he were performing street monitoring duty that day they 
did not recognize the man standing behind Mr. Gamarra ' s 
display. They asked him to let the artist know that 
a charge of having a salesperson could jeopardize his 
license. They went around the corner; when they returned, 
they "observed the transaction." They approached a Police 
officer across the street to possibly have the man cited 
for peddling without a license. At that point, Mr. Gamarra 
appeared and produced his license only upon request by 
the officer. With regard to having "observed the transac- 
tion," Mr. Porkola stated that he saw the customer standing 
by the display, handling items, and the salesperson pulling 
down the templates for the pantograph and beginning the 
engraving process. (Mr. Porkola stated that he took the 
photos of the incident and described what was going on, 
as the Commissioners examined the photos.) He did not 
hear the man say anything to the customer because he, Mr. 
Porkola, was going to get the officer. 

Incident 2 (December 30, 1997, Hallidie Plaza ) : Program 
Director Lazar stated that, upon finishing the painting 
of street artist spaces on Market Street, he took the 
streetcar back to the office, passed Hallidie Plaza, and 
observed former street artist Tim Dwyer - the same person 
who was in the photos taken by Mr. Porkola - standing behinc 
the display of Alfred Gamarra. The display was open for 
business and there were no customers. 



STREET ARTISTS PROGRAM COMMITTEE - February 11, 1998 Page 3 



Incident 3 (January 9, 1998, Hallidie Plaza ) : Certification 
Clerk Worthy stated that Mr. Lazar had asked her to go 
to Hallidie Plaza to verify the numbering of the artists ' 
spaces relative to the updated maps he was drafting. Prior 
to arriving at the Plaza, she went to another appointment; 
upon arriving at the Plaza, she saw former street artist 
Tim Dwyer standing behind Alfred Gamarra ' s table. The 
table was open for business; Mr. Gamarra was not present; 
there was a man sitting in front of the table. After 
verifying the numbered spaces at the Plaza, she asked Mr. 
Dwyer where Mr. Gamarra had gone. He told her Mr. Gamarra 
had gone to use a telephone. She proceeded to speak with 
other artists; during the course of fifteen minutes, she 
observed that Mr. Gamarra did not return. 

The Commissioners received testimony from Mr. Gamarra and 
the following persons on his behalf: 

Mr. Gamarra stated that he does not have a salesperson 
and has never had anyone sell for him in the twenty-five 
years he has been in the Program. He referred the Commis- 
sioners to the letters he and other persons wrote. With 
regard to the incident of December 21st, he said he came 
back with his pizza, and Ms. Tibbon never asked him to 
produce his license. He showed it when the Police officer 
asked him. He added that Ms. Tibbon yelled at him that 
she would take his license away. The incident took about 
ten to fifteen minutes, not thirty minutes. He was not 
absent from his display for more than ten minutes. When 
he returned, he asked his friend Tim if he had sold anything 
or had taken any money, and he told him "no." 

Mr. Tim Dwyer referred the Commissioners to the letter 
he sent and stated that he is the person in the photos 
that were taken. He said that Ms. Tibbon refused to listen 
to his explanation of where Mr. Gamarra had gone; she walked 
off. When she came back, he was engraving a key chain 
for a friend. When Mr. Gamarra came back, Ms. Tibbon began 
"jumping up and down and saying 'I'm going to have your 
license ' . " 

Ms. Margarita Katot stated that she was a friend of many 
of the street artists and has watched their tables for 
them at 5th and Market Streets because it is not sufficient 
for the artists to cover their tables to protect against 
people stealing merchandise. 

Street Artist John Ndoli stated that he sells on Market 



STREET ARTISTS PROGRAM COMMITTEE - February 11, 1998 Page 4 



Street and has seen Tim Dwyer watch artists' displays but 
not sell. 

Street Artist Manolo Aulis described the difficult existence 
of street artists and the necessity to have someone watch 
their displays for them; sometimes he lets a friend watch 
his table while he is away. 

Street Artist Jimmy Sha stated that street artists working 
downtown experience many incidents of theft; an artist 
needs someone to watch his display if he goes to lunch. 

Street Artist John Ammann stated that he has sold next 
to Mr. Gamarra for years and has not seen Mr. Gamarra have 
people sell for him. Mr. Dwyer watches Mr. Gamarra ' s mer- 
chandise, and so does Mr. Ammann. 

Street Artist James Toolate stated that he has known Mr. 
Gamarra since the late 1960s and has never known him to 
have salespeople. He went on to say that there was one 
incident in which he himself nearly lost an entire tray 
of his jewelry to a thief; it was retrieved, thanks to 
the help of someone watching his display. 

In response to questions from Commissioner Rogers, Program 
Director Lazar clarified that the Program has always allowed 
for an artist's display to be watched while the artist 
is temporarily absent, so long as the person watching the 
display does not take money or does not, as the ordinance 
says, "sells, offers for sale, or solicits offers to 
purchase" on behalf of the artist. To have a person who 
is watching an artist's table demonstrate working on an 
item of the artist could constitute a solicitation and 
ultimately open the door to receiving money. 

Ms. Tibbon told the Commissioners that Mr. Porkola's and 
her concern was not that there was a person other than 
Mr. Gamarra behind the stand but that the person was work- 
ing on one of Mr. Gamarra ' s items and gave it to a customer, 
and that while no money changed hands, she did hear Mr. 
Dwyer tell the customer to "come back later or take it 
as a gift." 

Mr. Dwyer refuted this and said Ms. Tibbon told the Police 
officer that she saw money taken. 

In response to a question from Commissioner Stermer, Mr. 
Lazar stated that the Program has no history of Mr. Gamarra 



STREET ARTISTS PROGRAM COMMITTEE - February 11, 1998 Page 5 



having a person behind his display take money for his goods. 
However, Mr. Lazar chose to submit this charge as a case 
because of the photos showing Mr. Dwyer engraving on one 
of Mr. Gamarra's items and because of the accompanying 
written report from the Advisory Committee: "Non-licensed 
person engraving ... money clips ... transacting sales, 
although when non-licensed person observed Committee member 
Tibbon, he suggested to potential customer that no cash 
should change hands . . . customer took engraved money clip 
without paying and agreed to return w/payment when committee 
members had left." 

Commissioner Mayer stated that consideration should be 
given to clarifying in writing a policy that allows for 
an artist taking a break to leave his or her wares uncov- 
ered so long as someone guards them and does not transact 
business. The Commissioner acknowledged the difficult 
environment for artists and stated that the artists should 
be able to maximize the exposure of their wares, be able 
to show them 100% of the time they ooccupy a space. 

Commissioner Meyer noted that there was no evidence present- 
ed that a money transaction had actually occurred. Consider- 
ing this and the fact that Mr. Gamarra had an umblemished 
history in the Program, there did not seem to be grounds 
to levy a penalty. 

Commissioner Rogers opined that selling is not exclusively 
the act of money changing hands. Furthermore, while it 
is all right to leave a display uncovered and to have some- 
one guarding the display, he felt that the act of that 
person talking to customers about the wares constitutes 
selling. 

Commissioner Stermer agreed that a person, other than the 
artist, who guards the display and takes an active role 
with customers becomes a salesperson for the artist. 
The Commissioner noted, however, that Mr. Gamarra had 
brought a number of people who testified that he was not 
in the habit of having a salesperson, while there was only 
one Advisory Committee member - not both - who testified 
to hearing a conversation whose wording itself was in some 
dispute since the member's written account was not what 
the member had verbally related. 

Commissioner Rogers stated that he has great faith in the 
abilities of the Advisory Committee members who represent 
some of the most professional aspects of the Program; if 



STREET ARTISTS PROGRAM COMMITTEE - February 11, 1998 Page 6 



they had submitted this particular case, it meant that 
the issue was the integrity of the Program, and the case 
therefore interested the Advisory Committee and the staff. 
On the strength of the testimony heard by the Program Com- 
mittee, he did not feel that a penalty could be imposed 
at this stage; but he felt that Mr. Gamarra should receive 
a warning against "crossing the line" from merely having 
a person watch his table to allowing that person to operate 
his engraving machine and talk to a potential customer 
- an act which the Commissioner said was "alarming." 

Commissioner Rogers moved that Mr. Gamarra be warned 
against having a person who guards his display in his ab- 
sence take any active role with customers, or discuss 
Mr. Gamarra ' s items, or use Mr. Gamarra ' s machinery or 
tools; the motion was seconded by Commissioner Stermer 
and unanimously approved. 

Commissioner Meyer moved that issuance of renewal of Mr. 
Gamarra ' s certificate be approved; the motion was seconded 
by Commissioner Villa and unanimously approved. 

Commissioner Rogers turned the chairmanship over to Commis- 
sioner Stermer at 3:57 p.m. as he had to leave the meet- 
ing in ten minutes. 

II HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 

HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF CERTIF- 
ICATE OR RENEWAL OF CERTIFICATE 

Matt Summers - Certificate # 387. Alleged violation: Ex- 
ceeding display length regulation (Ord. 41-83, Section 
2405(c)(4) ), third violation. 

Program Director Lazar informed the Commissioners that, 
in keeping with the Commission's procedures, the case was 
before the Program Committee because it represented an 
alleged third violation of a charge of "minor violation." 
One year previously Mr. Summers had signed a statement 
with the Program promising compliance with all the Program': 
rules and regulations, after having been observed on two 
occasions exceeding the display length regulation. Almost 
a year later, it was reported to the office that Mr. Summer: 
allegedly committed the same violation of December 24, 1997 
by allowing his display to occupy two street artist space: 
on Grant Avenue at Sutter Street. This report resulted 
in a notice to Mr. Summers that the renewal of his 
certificate would be withheld pending a decision by the 



STREET ARTISTS PROGRAM COMMITTEE - February 11, 1998 Page 7 



Street Artists Program Committee. 

Mr. Lazar went on to say that the witness who reported 
the incident had been notified to appear and had given 
the Program Director assurance that they would appear. 
The witness was not present. Commissioner Stermer noted 
that no one was present to testify to the incident and 
that no photographs of the incident had been submitted. 

Mr. Summers told the Commissioners that on the day of the 
incident, Street Artists David Brancato and John Ammann 
selected spaces "Grant-23" and "Grant-22", respectively, 
in the lottery. When Mr. Summers came to the Grant Avenue 
location in the afternoon, Mr. Brancato and Mr. Ammann 
were occupying their spaces. Mr. Summers conversed with 
them for three quarters of an hour, after which Mr. Bran- 
cato told him that he intended to move his display to 
another location, "Grant-26." While Mr. Brancato began 
to move, Mr. Summers placed his stand in the five-foot 
area between the two spaces and went across the street 
to a store; when he returned, Mr. Brancato left and he 
moved into the vacated space. He stayed in the space 
for nearly two hours, during which Mr. Ammann continued 
to sell in the other space, "Grant-22." Mr. Ammann 
remained when Mr. Summers left for the day. 

Mr. Ammann told the Commissioners that he was in his space 
all day until 7:00 p.m. and was the last to leave. During 
this time, he said, Mr. Summers never infringed on his 
space. 

Commissioner Meyer dismissed the charge for lack of 
evidence; the motion was seconded by Commissioner Villa 
and unanimously approved. 

Commissioner Rogers left the meeting at 4:15 p.m. 

Ill HEARING ON PROPOSAL TO REQUEST BOARD OF SUPERVISORS TO 

DESIGNATE AS A SALES AREA FOR THE STREET ARTISTS PROGRAM 
A WEBSITE ON THE INTERNET 

Street Artist Bill Clark told the Commissioners that his 
original concept of the proposal was to go to the Board 
of Supervisors to designate the Internet as a sales area 
for the Program, as the Board has the authority to designate 
public places or streets as areas in which street artists 
may sell. Furthermore, it would be necessary to obtain 
clarification on whether the Internet is considered a 



STREET ARTISTS PROGRAM COMMITTEE - February 11, 1998 Page 8 



public place and whether the Program could obtain a website 
designated as a sales location for the artists. San Fran- 
cisco could be the first city in the nation to offer oppor- 
tunity to artists who may not be able to afford a website 
to expose their wares to the public over a website provided 
by a City program. 

On the other hand, Mr. Clark said, after discussing the 
proposal with the Art Commission's Cultural Equity Grants 
Program Director Lawrence Thoo, it may not be necessary 
to involve the Board of Supervisors. At the present time 
the City was investigating the issue of opening the door 
to sales over the Internet. In the meantime, there would 
be no problem for the Program to have a computerized listing 
of its artists, similar to a gallery registry, so long 
as each artist gave his or her approval of being listed. 

Commissioner Meyer stated that monthly funding of the 
project could be an issue. 

Former-street artist John Bass stated that there are 
numerous public services and places in which the public 
must pay to receive the service: the transit system, 
museums, parking garages, to name a few. 

In response to questions by Commissioner Stermer, Mr. Clark 
stated that the public's having to reach an artist through 
the Program is a means of assuring the public that the 
artist is verified by the Commission as making his or 
her own arts and crafts. The website could also offer pic- 
tures of the artists' arts and crafts, brief biographies, 
maps of the street artist locations, and Program announce- 
ments and agendas. Mr. Clark also stated that funding 
to set up the project could come from the Program's reserve 
of $100,000 in fees revenue that has been carried over 
from prior years . 






Street Artists Mike and Margaret Granatt and John Bass 
expressed support of the proposal for the following reasons: 
it would allow more exposure for people who are unable 
to be selling due to the time they must spend in their 
studio; it would add legitimacy to the artists' work just 
as the Art Commisison's certificates exhibited on their 
displays do; the Internet could get around the press media, 
which has traditionally ignored the street artists, and 
present the artists to the public. 

Program Director Lazar expressed his endorsement because 



STREET ARTISTS PROGRAM COMMITTEE - February 11, 1998 Page 9 



the project would showcase the artists' wares during the 
winter season which traditionally hampers the artists' 
ability to exhibit outdoors and to find customers willing 
to look at art in the rain; it would also be of great 
benefit to elderly and disabled street artists who are 
not able to attend the daily outdoor lotteries for spaces. 

The Commissioners expressed their endorsement of the idea 
of having the Program's artists on the Internet. Commis- 
sioner Freebairn-Smith urged the staff to check with the 
City Attorney, at the proper time, on issues of selling 
over the Internet. Commissioner Stermer suggested that 
the artists submit a written proposal listing various points 
that would benefit the artists; upon receiving it, the 
Commissioners would proceed with further investigation. 

IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar reported that he had completed the 
writing and editing of the fifth edition of the Program's 
handbook of laws, procedures, regulations, maps, and 
commentary. Entitled Street Artists Program , the 248-page 
book was at the City Reproduction bureau and was expected 
to be published by the end of the month. 

Now that the manuscript was completed, the Program Director 
has returned to processing the cases of street artist 
violations that have accumulated since November. 

Commissioner Meyer moved to adjourn the meeting; the motion 
was seconded by Commissioner Freebairn-Smith and unanimously 
approved. 

The meeting adjourned at 4:44 p.m. 

Respectfully submitted: 



Howard Lazar, Director 
Street Artists Program 



s 



S F 



A C 



PROGRAMS 

ivic Art Collection 

Zivic Design Review 

Community Arts 

& Education 

ural Equity Grants 

Symphony Concerts 

Public Art 



veet Artists Licenses Note 
Suite 70 
415. 2S2. 2581 



>mmission Gallery 

Van Ness Avenue 

415. SS4. 6080 



SAN FRANCISCO ART COMMISSION 



3/n/l? 



ii 



.STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, ^March 11, 1998 DO r "M ENTS DEPT " 

3:00 P '^' MAR 9iqq« 

Art Commission Conference Room u u « io&q 

Suite 70 (basement area) oanj fRANCiSGQ 

25 Van Ness Avenue puBLIC LIBRARY 

San Francisco, California 

.AGENDA 



Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 
RECOMMENDATION OF DENIAL OF CERTIFICATE OR RENEWAL 

Guillermo Mora-Chavez - Certificate # 5173 (expired 
12/27/97). Alleged violation: Conducting business in a 
disorderly, improper, hazardous manner ( spraypainting of 
craft on the sidewalk), three incidents of violation. 

HEARING ON CITY ATTORNEY CLARIFICATION ON STREET ARTIST 
CERTIFICATION OF SELF-PUBLISHED BOOKS; QUESTION ON ALLOWING 
THE EMPLOYMENT OF A THIRD PARTY TO REPRODUCE AN ITEM CREATED 
BY A STREET ARTIST 



III REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

VII ADJOURNMENT 




Vy and County of 
San Francisco 



~*.i 



'•5 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

•Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies xoill make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. — 

American, sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 






7j 



(ft 



S F 



A C 



PROGRAMS 



iTREET Artists Licenses 

Suite 70 

415.252.2581 



Commission Gallery 

01 Van Ness Avenue 

415.S54.6080 



SAN 



/ 



Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

jltural Equity Grants 

S Symphony Concerts 

Public Art 



FRANCISCO/ART COMMISSION 



^STREET ARTISTS PROGRAM COMMITTEE 

^March 11, 1998 

Art Commission Conference Room 
25 Van Ness Avenue, Suite 70 
San Francisco, California 



> -.. 






NUT 



MAR 2 6 1998 



Commissioners present: Emery Rogers, Rod Freebairn-Smith, 

William Meyer, Dugald Stermer 



Commissioners absent: 



William Villa 



Staff present: Director of Street Artists Program Howard Lazar 

Certification Clerk Antoinette Worthy 

Commissioner Rogers, Chair, called the meeting to order at 3:12 
p.m. 

I HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE: 
HEARING AND POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 
RECOMMENDATION OF DENIAL OF CERTIFICATE OR RENEWAL 




City and County of 
San Francisco 



Guillermo Mora-Chavez - Certificate # 5173 (expired 
12/27/97). Alleged violation: Conducting business in a 
disorderly, improper, hazardous manner ( spraypainting of 
craft on sidewalk), three incidents of violation. 

The Commissioners ascertained that Mr. Mora-Chavez, who 
had been duly notified a full month previously, was not 
present, and that no one was present to represent him. 

The Program Director gave background of the case. Mr. Mora- 
Chavez, at his screening of his wares, had been warned 
against spraypainting his paintings on the street because 
of possible injury to the public's health; he had agreed 
to refrain from doing so and to sell only his finished, 
spraypainted paintings. The Program subsequently received 
a complaint that, only two days after giving such promise, 
Mr. Mora-Chavez was spraypainting his craft (September 
25, 1997) in street artist space "J-lA" on Jefferson Street; 
the report, called in to the Program office, identified 
him by his street artist certificate, "5173," and said 
that two adjacent street artists had to vacate their spaces. 
The report resulted in the Program Director's issuance 
of a written warning to Mr. Mora-Chavez. 

There followed reports of two further incidents of his 
allegedly spraypainting: October 13th and 18th, both times 
in space "J-l." This resulted in the Program Director 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 2 



sending him a "NOTICE OF INTENT TO RECOMMEND DENIAL OF 
CERTIFICATE OR RENEWAL/ 1 offering him an opportunity to 
meet with the Program Director to request consideration 
of renewal of his certificate. Mr. Mora-Chavez never made 
an appointment to meet with the Program Director. His 
certificate expired on December 27, 1997. In keeping with 
the Commission's procedures implementing Section 5 of the 
street artist ordinance, a hearing was scheduled with the 
Street Artists Program Committee to act on the Program 
Director's recommendation to deny issuance of a certificate 
or renewal. 

Commissioner Rogers ascertained that since last December 
the Program has received no reports or observations of 
Mr. Mora-Chavez on the street. 

Commissioner Freebairn-Smith commented that an artist who 
spraypainted his craft in public was, in essence, a 
"performance piece"- a major degree of its success was 
due to the public's "watching it happen" with gratuities 
given for the performance. If the activity is 
air-polluting, it could be a problem for the street artists. 

Program Director Lazar stated that, in addition to such 
activity being a health problem for the artists and the 
public, there was the problem that the activity was being 
done on property under the jurisdiction of the Port 
Commission which never authorized the activity and, in 
fact, wrote to the Police to enforce against such activity 
on Port property. 

Commissioner Stermer moved that Guillermo Mora-Chavez be 
found in violation of the street artist ordinance for con- 
ducting business in a disorderly, improper, hazardous 
manner; that the Program Director's recommendation of denial 
of certificate be approved; and that, should Mr. Mora-Chavez 
re-apply for a certificate, any future certification be 
contingent upon approval of the Street Artists Program 
Committee; the motion was seconded by Commissioner 
Freebairn-Smith and unanimously approved. 

II HEARING ON CITY ATTORNEY CLARIFICATION ON STREET ARTIST 

CERTIFICATION OF SELF-PUBLISHED BOOKS; QUESTION ON ALLOWING 
THE EMPLOYMENT OF A THIRD PARTY TO REPRODUCE AN ITEM CREATED 
BY A STREET ARTIST 

Program Director Lazar introduced Special Legal Assistant 
Adine Varah, Office of the City Attorney, who was advising 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 3 



the Street Artists Program in the absence of Deputy City 
Attorney Miriam Stombler. In the winter of 1993-94, 
Columbia University published in its Journal of Law and 
the Arts a report by Ms. Varah (Kernberg) entitled "The 
Right to Bear Art" which analyzed the leading street artist 
programs in the country and concluded that San Francisco's 
was the best of its kind. Commissioner Rogers expressed 
his appreciation to her for the "impressive" study. 

Prior to the hearing, Mr. Lazar had furnished Ms. Varah 
with a copy of the City Attorney's clarification on "Street 
Artist Certification of Self-Published Books" and also 
furnished her with a copy of Street Artist Bill Clark's 
January 14, 1998 letter disagreeing with key elements of 
the clarification. 

Mr. Clark submitted a copy of Black's legal definition 
of the word "employ" and stated that he did not disagree 
with all points in the City Attorney opinion. His issue 
was not whether an author's book was a work of art but 
whether the use of the term "handcrafted" would be the 
qualifier in determining whether an art or craft item 
should be offered for sale under the street artist ord- 
inance. 

Referring to page 115 of the Program's recently published 
fifth edition handbook, Mr. Clark pointed to a provision 
in the voter-mandated street artist ordinance (Proposition 
"L" of the November 4, 1975 election): "Sec. 3(c) a declar- 
ation under penalty of perjury that the art or craft item 
for which applicant seeks certification is of the 
applicant's own creation or the creation of the applicant's 
family unit, and that the applicant neither employs other 
persons nor is employed by another person in the production 
of the art or craft item for which the applicant seeks 
certification." Mr. Clark stated that, in legislation, 
in the construction of a statute, the courts usually 
acknowledge the ordinary meaning of a word unless there 
is a specific definition of the word in the ordinance 
itself; Black's law dictionary provided an excellent 
reference for ordinary meanings of words like "employ." 

Mr. Clark went on to refer the Commissioners to the defini- 
tion of "handcrafted item" which had been added to the 
street artist ordinance and could, if necessary, be amended 
by the Board of Supervisors: "An item predominantly created 
or significantly altered in form by the street artist." 
Even though this definition may differ from the dictionary's 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 4 



definition, the Art Commission was bound to administer 
the definition as stated in the legislation to determine 
whether an applicant's item is "handcrafted." Mr. Clark 
requested that an amendment be made to the definition to 
provide for a handcrafted item to be "any item predominantly 
created by hand or significantly altered in form by hand 
by the street artist." 

In clarifying his statement, Mr. Clark said that while 
a literary book or a cassette may, under the present 
definition of "handcrafted item," be allowed under the 
street artist ordinance, they still do not pass the test 
for a handcrafted item, under the ordinance's "family 
unit" definition, to be made by the artist without employing 
another person in its production. 

The "family unit" definition which provides for an applicant 
to declare under penalty of perjury that he does not employ 
another person in the production of his item reflects the 
will of the voters, Mr. Clark stated, and this may contra- 
dict the City Attorney opinions allowing for the certifi- 
cation of multiple copies of books and cassettes produced 
by persons or firms hired by the street artist. 

Mr. Clark went on to say that, as a creator of cast jewelry, 
he sculpts his wax, makes his mold, casts and finishes 
his piece, and does not - in keeping with the ordinance 
- hire anyone to help him. Similarly, a writer of a book 
does not have to hire a printer and a bookbinder in order 
to produce his book; while he may have to pay to use facil- 
ities, he can photocopy, collate and bind the pages 
himself. 

Commissioner Stermer questioned whether a book that was 
written and designed by its author, type-set by an outside 
printer but printed and bound by the author himself, would 
qualify under the street artist ordinance. Mr. Clark 
responded that it would not because of its hiring of the 
printer for the one step involved in its production. 

Commissioner Rogers questioned how the use of commercially 
manufactured beads was allowed under the ordinance. Program 
Director Lazar responded that what was allowed was any 
artist to buy commercially manufactured beads but not to 
hire someone to make the beads for the artist, and that 
the craft was in the artist's arranging and stringing of 
the beads. Similarly, while an artist who silkscreens 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 5 



his design on a T-shirt is allowed to buy ready-made T- 
shirts, the artist is not allowed to hire a person to manu- 
facture the shirts for him nor to hire a person to silk- 
screen the designs for him. 

Upon request by Commissioner Rogers, Special Legal Assistant 
Varah commented on Mr. Clark's presentation. There appeared 
to be agreement between Mr. Clark's views and the City 
Attorney opinions that any artist who does all of the 
production of an item, including multiple copies of the 
item, is allowed to sell an unlimited number of copies 
of the item. A current "gray area" exists in which certain 
artists have been allowed to sell limited numbers of copies 
of their work when the copies are made by someone hired 
to do so. Recognizing that published books have a place in 
the Program, the question arises: How do we preserve the 
original goals of the Program and come up with a guideline 
in order to avoid the situation of mass-produced books, 
or other multiple items, undermining the availability of 
spaces for other artists? 

Commissioner Stermer questioned whether there was a differ- 
ence between allowing a photographer to sell in limited 
edition copies of his photos printed by an outsider for 
him and an author wishing to sell copies of his book which 
have been produced by a commercial publisher. The Program 
Director responded that, because the author did not 
physically print or bind the book, the author would be 
certified in the same manner as the photographer: he would 
be allowed to sell a limited edition of the books. 

Commissioner Stermer stated that he did not feel that a 
book written and illustrated by an author but commercially 
published should qualify as a handcrafted item for certif- 
ication. 

Program Director Lazar stated that, in such situations, 
the Advisory Committee of Street Artists and Craftsmen 
Examiners evaluates whether the predominant or significant 
aspect of the book - i.e., its illustration and/or its 
writing - was created by the applicant, and this method 
of determination has been upheld in the City Attorney 
opinions in response to the Program Director's questions 
on whether books of writings and cassette tapes of 
performances qualify for street artist certification. 
In the matter of books, the City Attorney went so far 
as to state: "The Art Commission has a great deal of dis- 
cretion to determine how best to resolve such practical 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 6 



difficulties" as verifying that a literary work is an 
applicant's own creation. 

Commissioner Freebairn-Smith questioned what the definition 
was of "significantly altered in form." Would the selling 
of a a publisher's text with the applicant's created cover 
meet the definition of "significantly altered"? Program 
Director Lazar responded that the mere contribution of 
the cover could not be considered as significantly alter- 
ing the body of the book which is its text - the primary 
reason for the book's being offered for sale. 

Commissioner Stermer stated that he felt the "essence of 
handmade" would be if an applicant designed the text - 
regardless of its not being his own - and gave it to an 
outsider to type-set, then printed it himself and bound 
it in leather himself. Even though the applicant commis- 
sioned a printer to type-set it, that contractor did not 
do a major portion of the product, for the product was 
predominantly handmade by the applicant. 

The Program Director clarified that while the item may 
qualify as a handcrafted piece in that the applicant is 
predominantly and significantly altering the form of the 
paper and the leather, the very fact that the applicant 
employed someone to do a minor portion of the item could 
possibly be considered a violation of the family unit 
definition in the street artist ordinance - a definition 
that could only be changed by the voters. 

The Committee heard from other speakers. 

Mr. John Bass, former street artist and co-editor of the 
Program's fifth edition of laws, rules, and policies, stated 
that, with respect to self-published books, the production 
involved a question of skill: there was no skill in standing 
over a photocopying machine, and there was no qualitative 
difference between doing that job oneself and handing it 
over to an Office Depot or Kinko's clerk to do. There is 
no distinction in the "craftsmanship" that goes into that 
form of reproduction. He suggested that books be regulated 
similarly to other multiple-copy crafts as photography 
and printmaking, which would not cut a number of established 
craftspeople out of earning their living. 

Street Artist Sharon MacDougall stated that this is an 
" art " as well as "handcraft" program, and that the "art" 
aspect should not be forgotten, as the "art" aspect of 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 7 



a book is the beauty in its writing. 

Commissioner Meyer stated the important distinction for 
him was the number of copies and advocated that the Pro- 
gram limit the same number of copies for self-published 
books as the number for photographic prints, with a pos- 
sible cap of 500. 

Commissioner Stermer mentioned that in the world of art 
a photographer who really wants to make a lot of money 
limits the prints, numbers them, and destroys the negative 

Commissioner Meyer stated that he did not feel that writer 
should be barred from participating in the Street Artists 
Program, as writing is clearly an art form. If the rules 
in place seem to work for photographers, he did not see 
why they would not work for writers. 

Commissioner Rogers asked the Commissioner if he felt an 
applicant should be allowed to take an established writter 
work (by someone else) and "re-package it" with an attrac- 
tive leather binder. Commissioner Meyer responded that 
he saw no problem in this, so long as the applicant would 
be selling a book cover and not selling the book. 

Program Director Lazar submitted a copy of a commercially 
published book whose author, licensed by the Program, was 
hired by the publisher to illustrate famous San Francisco 
poems by other writers. In this case, the Advisory 
Committee had concluded that the significant feature of 
the item was its illustrations done by the applicant. 
In contrast with this, Mr. Lazar submitted a copy of a 
book whose author, licensed by the Program, wrote it 
entirely, included illustrations published a century ago, 
and paid a printer and bookbinder to produce it. (This 
was the item which prompted the Program Director to ask 
for a City Attorney clarification on whether a written 
book could be licensed under the street artist ordinance. 
In both cases, the books were printed and bound not by 
the applicant. 

Mr. Clark stated that neither of the books could be con- 
sidered a handcrafted item under the ordinance, since eac 
utilized the employment of an outsider for its production 

Commissioner Stermer stated that he agreed with Mr. Clark 
he did not feel that the two samples of books or commerc- 
ially printed photography qualified under the ordinance. 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 8 



The Program Director informed the Commissioners of the 
1983 City Attorney opinion which, contrary to the wishes 
of the Art Commissioners at the time, concluded that a 
street artist who composes or arranges music and performs 
it is entitled to be considered for certification to sell 
cassette tapes of the performance - even though someone 
else may be paid to record the performance, duplicate 
the cassette tapes, make the cover for the cassette box, 
etc. 

Commissioner Freebairn-Smith commented that this was a 
legal precedent. 

Ms. Kernberg stated that, with regard to Commissioner 
Meyer's favoring a numerical limit, she questioned whether 
distinctions could be made between a work that is a product 
of a commercial publisher and a work that is a product 
of a commercial copying facility. 

Commissioner Rogers saw a problem developing in reference 
to quality: on one hand, the Program could allow someone 
who copies his own writing on a photocopier and staples 
it in its corner to sell 500 of it - and the Program would 
have to call it "art"; on the other hand, the Program could 
allow someone who writes something and goes to great lengths 
to create it into a splendid craft with a beautiful cover 
on it, and he too would be limited to the number he could 
sell. To the Commissioner, the second example would be 
a worthier craft which should allow the applicant to sell 
as many copies as he wished. 

Commissioner Stermer said he did not feel it was appropriate 
for the Program to license an item that was commercially 
produced. He favored the applicant who took his writings 
to a photocopying facility, used the copier himself, and 
collated and stapled the editions himself, as qualifying 
for a street artist license. 

Street Artist Susan Pete questioned how it would be pos- 
sible for the Program staff to keep track of the numbers 
of edition copies being sold by the artists. 

Commissioner Freebairn-Smith suggested the possibility 
of performers being restricted to selling their recordings 
exclusively in the Street Artists program and in no other 
market. - 

Commissioner Stermer stated that a writer should be allowed 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 9 



to sell his book in the Street Artists Program if the book's 
"package" is substantially altered by him from the way 
it has been published commercially - his book may be pub- 
lished by Random House, but he could sell his original 
typed version in the Street Artists Program because the 
typed version is substantially altered from the book. 

Expanding on the Commissioner's statement, Mr. Lazar gave 
as an example the possibility of a screenwriter like Robert 
Towne selling photocopies, which he himself had copied 
and bound, of his original typewritten screenplay of 
Chinatown which is currently being sold as a commercially 
published edition in bookstores. Under the terms of the 
City Attorney opinions, this would be allowed. 

At the same time, under the City Attorney opinions, Mr. 
Clark and Mr. Lazar stated that the screenwriter would 
also be allowed to sell the commercially produced video- 
cassette of the movie - in the same format as that being 
sold or rented at Blockbuster - because the movie was 
made from the script which he wrote; and this was what 
the Commissioners probably did not want in their Program. 

Mr. Clark suggested that, should this matter be continued 
to next month's meeting, the language for "handcrafted 
item" be amended and submitted to the Board of Supervisors 
to stipulate that an item be "predominantly created by 
hand or significantly altered in form by hand by the street 
artist." This would further clarify the original meaning 
of "handcrafted item" in the ordinance. He also proposed 
that the City Attorney be requested to address the issue 
of "family unit" and to re-analyze the previous opinions, 
specifically to clarify the ordinance as to whether an 
applicant is or is not prohibited from hiring someone in 
the production of his item. 

Commissioner Stermer viewed the problem as one of prece- 
dent: the door had been opened for photographers to sell 
commercially produced prints of their work. Perhaps, the 
door should be closed. Mr. Clark responded: "The camel's 
nose is under the tent; I'd rather kick the nose out than 
let the whole camel into the tent." 

Commissioner Freebairn-Smith explored the marketing oppor- 
tunities, of musicians. In response, Mr. Clark emphasized 
that the Street Artists Program was started because the 
artists and craftspeople did not have marketing alterna- 
tives; whereas musical recording artists have had alterna- 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 10 



tives like placing their mass-produced product in record 
stores . 

Commissioner Stermer countered with an argument that artists 
and craftspeople also have the capability to license their 
designs - to sell their originals on the street while 
selling copies of the originals to stores like Gump's. 

Street Artist Chrys Camperlino told the Commissioners that, 
in his opinion, the art of photography was in the seeing 
and not in the developing of a picture. He related that 
his daughter was told in college photography classes that 
there was little reason for her to learn to develop film 
unless she wanted to create some special work. In addition, 
Mr. Camperlino said, developing film is toxic. He went 
on to express that "every art is commercial" in that it 
always involves the purchase of components. 

In response to questions from Commissioner Rogers, Mr. 
Camperlino stated that he had no problem with the Program's 
present criteria of numbering prints for sale. 

Street Artist Scott Randle stated that, while he sells 
commercially produced prints of his photography, a good 
deal of time on his craft is spent in cutting and burnishing 
the windows of his mats, positioning his photos in the 
mats, and signing and numbering them - all "labor 
intensive," he said. 

Street Artist Alex George stated that the art of her photo- 
graphy was in the selecting of the best pictures out of 
many, and that the process of film developing is a "totally 
different art." The Street Artists Program is an attractive 
marketplace for her in comparison with the slim chances 
of a publisher buying her photos. 

Program Director Lazar, in response to Commissioner Rogers, 
stated that the accommodation for photographers to sell 
limited editions of their commercially produced prints 
was specified in the Art Commission's criteria adopted 
in 1977 and was not provided for in the street artist 
ordinance. 

Mr. Clark stated that there was a difference between the 
purchasing and selling of a product which is totally pro- 
duced by an outside agent and the purchasing of a commer- 
cially produced component creatively incorporated in the 
artist's artwork. In the first case, the artist selling 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 11 



the item did nothing by hand to alter it. When something 
originally made by the artist is shipped out to be repro- 
duced, the second generation of the item competes with 
the integrity of the artists who sell items made entirely 
by them. 

Commissioner Stermer stated that in the "world of art" 
a photograph printed by a laboratory, with or without the 
photographer's participation in its developing, is con- 
sidered the artist's original even if the lab publishes 
it. The Commissioner felt that the world of art has a 
more substantial role in the discussion than Mr. Clark 
was giving it. 

Mr. Clark reiterated that there should not be an allowance 
for items made by outside agents to compete with items 
made entirely by street artists, for a limited number of 
selling spaces in the city. 

Street Artist Dikran Knoble stated, as a street artist, 
he has been selling his photographs for twenty-five years, 
and that the artwork displayed on the streets now is more 
"sophisticated" than it was twenty-five years ago. If a 
photographer has a good picture, he should not be penalized 
for selling multiple copies of it. Photos offered for 
sale for $50 will not make much money, whereas photos 
offered for $10 will earn a living for a photographer. 
He went on to say that the Program gives him a source to 
sell the way he wants; if he were to come under regulations 
telling him how many copies he could sell, he would be 
"penalized for being a good photographer." He was not 
in favor of the current limited editions criteria. He 
said that successful commercial photographers do not make 
their own prints, as Ansel Adams did not. 



Commissioner Stermer countered by saying that he himself 
had worked with Ansel Adams and that Mr. Adams "made all 
of his own prints ... in the darkroom day and night; the 
other people who worked in the darkroom were his 
assistants." The Commissioner went on to say that in photo- 
graphy the art happens mostly in the lens, as it does when 
a writer writes, and not how it is reproduced. 

Mr. Knoble agreed: a good writer who does not have the 
means to' put his writing together seeks out a place which 
will put it together well so that a living can be made 
off it; similarly, the Street Artists Program should give 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 12 



the artist an opportunity of making a living. The public 
nowadays is more sophisticated than it was twenty-five 
years ago: buyers want a product to look like it's hand- 
made but not like it's made by themselves. 

Commissioner Meyer noted that the Commission was in receipt 
of previous City Attorney opinions as well as language 
in the ordinance and therefore had two choices: (a) ask 
the Board of Supervisors to make changes in the language; 
or (b) continue implementing the current criteria unless 
the City Attorney's office changes its earlier opinions. 
He added that he would not be willing to go to the Board 
of Supervisors to amend the ordinance. 

Commissioner Rogers stated that it would be good policy 
for the minutes of the meeting to be prepared to reflect 
in detail the discussion, especially for the benefit 
of any street artist who requests the minutes. The Com- 
missioner suggested a subsequent public meeting on the 
issue with no motion and no public testimony in order 
to draft a document which could be circulated among the 
street artists and engender future public testimony. 

Commissioner Freebairn-Smith asked Mr. Knoble the question: 
If the Program limited him from selling a particular photo 
of his elsewhere, would he, as well as other photographers 
or writers in the Program, feel that it would be an unfair 
constraint? Mr. Knoble responded that he should not be 
"penalized for being successful." 

Commissioner Rogers stated that the matter would be 
continued to the following month's meeting with public 
testimony limited to three minutes per person in addition 
to a presentation. 

Both Commissioners Meyer and Rogers requested that Ms. 
Varah attend the next meeting. 

Ill REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar reported on two recent achievements: 
(1) The Board of Supervisors on March 9th approved the 
Art Commission's request for permanent designation of ten 
former temporary selling spaces on Beach Street, north 
side, Larkin to Polk Streets; and (2) the fifth edition 
of the Commission's handbook of laws, rules, and procedures, 
entitled Street Artists Program, had been published. Mr. 



STREET ARTISTS PROGRAM COMMITTEE - March 11, 1998 Page 13 



Lazar expressed his appreciation to the Commissioners and 
to former Street Artist John Bass who wrote the book's 
"commentary" chapters as well as its "introduction." 

Mr. Bass commended Mr. Lazar for writing the section on 
violations and hearing procedures, editing the section 
of laws and policies, re-drawing all of the maps of the 
selling locations, and diagramming the major regulations 
governing a street artist space. Mr. Bass stated that 
his and Mr. Lazar 's purpose had been to construct a book 
which would advise Art Commissioners, staff, and street 
artists in their participation in the Program. 

Commissioner Rogers thanked Mr. Bass for his continued 
interest in the Program. 

Mr. Lazar stated that the next step would be the publishing 
of a "deluxe anniversary edition" which would contain not 
only the contents of the fifth edition but an in-depth 
history of the early years of the Program written by Mr. 
Bass, as well as historic photos - particularly, of the 
beginning of the Program and the Program's 2 5th anniversary 
celebration. Commissioner Rogers commented on the value 
of the project but acknowledged the Program Director's 
long list of more immediate and vital tasks. 

There being no further business, Commissioner Rogers 
adjourned the meeting at 5:00 p.m. 

Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



S F 



AC 



^AN FRANCISCO ^\RT COMMISSION 



S? 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

iltural Equity Grants 

S Symphony Concerts 

Public Art 



treet Artists Licenses 

Suite 70 

415.252.2581 



Commission Gallery 

01 Van Ness Avenue 

415.554.6080 



ftfo.if 



^STREET ARTISTS PROGRAM COMMITTEE 

Wednesday,^ April 8, 1998 
3:0(f p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



f 



^„.,m£NTS 



DEFT. 



MAR % 5 1998 



* A 



N D 




Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



I HEARING ON APPEAL OF RECOMMENDATION OF ADVISORY COMMITTEE 
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO DISAPPROVE 
ITEM; POSSIBLE MOTION TO APPROVE ITEM 

Orfa Gonzalez - Certificate § 5148. Appeal of February 
26, 1998 recommendation of Advisory Committee of Street 
Artists and Craftsmen Examiners that Ms. Gonzalez not be 
certified to sell submitted silkscreen designs. 

II HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 
RECOMMENDATION OF DENIAL OF CERTIFICATE 



Miguel Castro - applicant for street artist certificate. 

Alleged violation: Conducting business in a disorderly, 
improper, hazardous manner ( spraypainting of craft in open- 
air public place); reported by Police Department. 

HEARING ON CITY ATTORNEY CLARIFICATION ON STREET ARTIST 
CERTIFICATION OF SELF-PUBLISHED BOOKS; QUESTION ON ALLOWING 
THE EMPLOYMENT OF A THIRD PARTY TO REPRODUCE AN ITEM CREATED 
BY A STREET ARTIST (hearing continued from 3/11 meeting) 

REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTIST 
PROGRAM 

PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

ADJOURNMENT 



III 



IV 



uity and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



r 






1 



^AN FRANCISCO ^ RT COMMISSION 



vlS 



*fa 



PROGRAMS 



Zivic Art Collection 

Civic Design Review 

Community Arts 

& Education 

jural Equity Grants 

. Symphony Concerts 

Public Art 



reet Artists Licenses 

Suite 70 

415.252.2581 



STREET ARTISTS PROGRAM COMMITTEE 
i 

^April 8, 1998 

Art Commission Conference Room 

Suite 70 

25 Van Ness Avenue 

San Francisco, California 



,M 



N U 



DOCUMENTS DEPT. 

APR 2 4 1998 

sans FRANCISCO 
PUBLIC LIBRARY 



Commissioners present: 



Commissioners absent 



Emery Rogers, Rod Freebairn-Smith, 
William Meyer, Dugald Stermer 

William Villa 



ommission Gallery 

1 Van Ness Avenue Staff present: 
415.554.6080 



Director of Cultural Affairs Richard Newirth 
Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 




City and County of 
San Francisco 



Commissioner Rogers, Chair, called the meeting to order at 3:05 
p.m. 

I HEARING ON APPEAL OF RECOMMENDATION OF ADVISORY COMMITTEE 
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO DISAPPROVE 
ITEM; POSSIBLE MOTION TO APPROVE ITEM 

Orfa Gonzalez - Certificate § 5148. Appeal of February 
26, 1998 recommendation of Advisory Committee of Street 
Artists and Craftsmen Examiners that Ms. Gonzalez not be 
certified to sell submitted silkscreen designs. 

Program Director Lazar explained that at the end of last 
year and the beginning of this year Ms. Gonzalez submitted 
to the Advisory Committee for approval new designs for 
silkscreening onto shirts; the Advisory Committee, however, 
disapproved the designs. In each of the screenings, Ms. 
Gonzalez failed to produce a complete body of evidence, 
and the Advisory Committee was not convinced that she was 
the creator of the designs. In response to her request 
for an appeal, Mr. Lazar requested her to bring to the 
Program Committee hearing the finished silkscreened designs 
on shirts which she had shown to the Advisory Committee, 
the screens to match the finished designs, the original 
drawings for the screens and finished designs, and paper, 
pens, and pencils to enable her to draw the designs in 
front of the Program Committee. 

While the Commissioners examined her submitted designs, 
Ms. Gonzalez, through interpreter Julio Bonilla, stated 
that, after receiving the Advisory Committee's denial in 
December, she returned in January with the screens of the 
design to which she had added a new element to the design, 



25 Van Ness Ave. Suite 240. San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 2 



but this caused the Advisory Committee to further doubt 
that she was the creator of the original design. In the 
last review (February 26), she said that the Advisory Com- 
mittee did not permit her to draw the design. 

Commissioner Rogers asked Ms. Gonzalez to sit at a table 
and draw the design while the Program Committee 
would take up other matters on its agenda. 

II HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 
RECOMMENDATION OF DENIAL OF CERTIFICATE 

Miguel Castro - applicant for street artist certificate. 

Alleged violation: Conducting business in a disorderly, 
improper, hazardous manner ( spraypainting of craft in open- 
air public place); reported by Police Department. 

Commissioner Rogers ascertained that Mr. Castro was not 
present, that there was no one to speak on his behalf, 
and that he had been notified a full month previously to 
appear. 

Program Director Lazar explained that, at the examination 
of applicants' wares on February 26th, Mr. Castro was told 
by the Advisory Committee that he would be certified to 
sell his finished, spraypainted paintings, and he was warned 
against spraypainting in public places. Prior to his 
screening, the Program had received complaints by street 
artists as well as the Port Commission against persons 
who were spraypainting on Jefferson Street (Port property). 
Mr. Castro had been one of the individuals observed in 
this activity on the north side of Jefferson Street, at 
Hyde, in a parking lot. 

Officer Robert Gin testified that he had frequently observed 
Miguel Castro in the parking lot on the north side of 
Jefferson Street with a crowd of twenty-five or thirty 
people around him watching him do his work. He would take 
fifteen to twenty minutes to complete a picture. While 
Mr. Castro would wear facial apparatus for spraypainting, 
"there were fumes around all these people, and he would 
constantly, without even thinking of other people . . . would 
use spraypaint and just spray pieces of work." The first 
time the officer saw him was before the winter holidays, 
and he ticketed him for violating MPC 869 (selling without 
a permit). He saw him again after the start of the year 
and notified Mr. Lazar. Two weeks ago he observed him 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 3 



in the process of spraypainting again; the officer began 
to write him a ticket when he was called to attend an 
accident in the next block; when he returned, Mr. Castro 
had left. 

The officer went on to say that Mr. Castro "produces" his 
work "right there on the sidewalk," and the officer 
overheard "a couple of times" Mr. Castro, after finishing 
a work, tell the crowd: "'Twenty-five dollars for my piece 
of workl However, any donations would be fine.'" 

Officer Gin also stated that he informed Mr. Castro of 
health hazard engendered by the spraypainting, and that 
this related particularly to the children in the crowds 
watching him spraypaint - to which, according to the of- 
ficer, Mr Castro responded, "Well, that's okay." 

Officer Gin further stated that Mr. Castro had shown him 
a letter from the property tenant giving permission for 
Mr. Castro to be there; however, the property was under 
the jurisdiction of the Port Commission which had not given 
him permission. 

Officer Gin summed up his opposition to Mr. Castro engaging 
in spraypainting activity in public, as follows: it con- 
stituted a violation of Municipal Code Section 869 and 
a violation of the street artist ordinance. 

Commissioner Rogers ascertained that the Advisory Commit- 
tee's warning to Mr. Castro was reflected in the Advisory 
Committee's minutes. 

In response to questions by Program Director Lazar, Officer 
Gin affirmed that on February 2 6th, the day of Mr. Castro's 
screening by the Advisory Committee, the officer telephoned 
Mr. Lazar to say that Mr. Castro had told the officer he 
was getting screened because Mr. Lazar had told him that, 
with a street artist license, he could then continue his 
spraypainting activity. Officer Gin added that, after 
learning that this was not true, he informed Mr. Castro 
that he could not continue in his activity. 

Commissioner Rogers noted that Mr. Castro had been duly 
warned by both the Police Department and the Art Commis- 
sion, had also received sufficient notice of his hearing, 
but had continued in his spraypainting activity. 

Commissioner Freebairn-Smith noted that if Mr. Castro is 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 4 



not a street artist certified by the Art Commission, his 
activity remains within the jurisdiction of the Police, 
that restraining him from continuing in his activity is 
a Police issue. 

Program Director Lazar pointed out that, weeks after notifi- 
cation of the hearing had been sent to him and after Officer 
Gin had warned him, Mr. Castro was observed spraypainting 
in public. Mr. Lazar submitted additional evidence: a 
photograph the Program had received from a street artist 
showing Mr. Castro kneeling over his work and spraycans, 
with the public, including a child, watching him; the back 
of the photo was imprinted with the date and time, 
"03/14/98, 04:02P", and contained the inscription, "I 
witnessed spraying," with the photographer's name (which 
was kept confidential). 

Commissioner Meyer moved that applicant Miguel Castro be 
found in violation of the street artist ordinance by con- 
ducting business in a disorderly, improper, hazardous 
manner, and that issuance of a street artist certificate 
be denied; the motion was seconded by Commissioner Stermer 
and unanimously approved. 

Commissioner Rogers stated, for the record, that the calibre 
of Mr. Castro's finished work would normally be welcomed 
into the Street Artists Program, but the activity of his 
spraypainting in public is not. 

Ill HEARING ON CITY ATTORNEY CLARIFICATION ON STREET ARTIST 

CERTIFICATION OF SELF-PUBLISHED BOOKS; QUESTION ON ALLOWING 
THE EMPLOYMENT OF A THIRD PARTY TO REPRODUCE AN ITEM CREATED 
BY A STREET ARTIST (hearing continued from 3/11 meeting) 

Commissioner Rogers informed the attendees that his 
Committee had received "the most thoughtful letters" on 
the issue, including Program Director's letter to Special 
Legal Assistant Adine Varah which summarized the issue. 
In addition, the detailed minutes, as requested, of last 
month's meeting reflected a thorough airing of the subject 
thus far. The Commissioner said that the purpose of the 
present meeting was for the Commissioners to continue taking 
testimony with a three-minute time limit imposed and debates 
avoided. 

Street Artist Bill Clark, who had requested that the issue 
be heard, stated that since the last hearing he presented 
the Program Director with further information regarding 






STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 5 



the legislative analysis which was included in the Voters 
Handbook for the election of November, 1975. He emphasized 
that the issue he brought to the Program Committee was 
not that an analysis be made to verify that each street 
artist product brought to the Art Commission is handmade; 
the issue was whether the Program was going to limit itself 
to certifying only handmade items. Relative to this, he 
had asked the Program Director to forward to Ms. Varah 
a December 17, 1984 City Attorney opinion ("Street Artist 
Program Legislation") written one year after the 1983 
opinion on allowing cassette tapes in the Program. In 
the 1984 opinion, the City Attorney referred to the 
intention stated in the Voters Handbook: "The primary duty 
of the Advisory Committee, as described to the voters, 
is to determine the authenticity of street artists' wares, 
that is 'to make sure street artists' work is handmade. 1 " 
Mr. Clark further pointed to another statement in the 
opinion: "...The fundamental principle is that the intent 
of the enactors should be ascertained in order that the 
purpose of the law may be effectuated. . . . Where there 
is uncertainty as to the meaning of language enacted by 
the voters, ballot arguments and analyses contained in a 
voter's information pamphlet may be utilized in construing 
the voters' intent. ..." 

Mr. Clark submitted an actual November, 1975 Voters Hand- 
book to the Commissioners and stated that if the Art 
Commission decides that its purpose is to screen handmade 
items, then the issue of whether photographs or prints 
qualify should be heard by both the Program and Advisory 
Committees to determine standards for those items. What 
was presently before the Commission was to decide whether 
"to open the gates" to certifying non-handcrafted items. 

Street Artist Edward Steneck stated that he wrote to every 
Art Commissioner. In reference, he said, to "page 3, para- 
graph 1 of the letter sent to the City Attorney's office 
by Bill Clark through Howard Lazar," Mr. Steneck quoted 
a passage dealing with "Reasonable and practical construc- 
tion pursuant to legislative intent" whereby "...statutes 
must be given a reasonable interpretation according to 
the real, or at least apparent or evident, intention of 
the law-making power. ..." Mr. Steneck stated that the 
general purpose of the statute, voted on by the people 
of San Francisco, was to allow artists and craftspeople 
to sell their own creations on the street, and that this 
was a reasonable interpretation. What was not wanted was 
commercial products whose sellers had no part in their 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 6 



creation and would thereby compete with similar products 
in stores. The artwork for sale in the Street Artists 
Program is the personal creation of the Program's artists 
and craftspeople; this artwork is not generally for sale 
in stores except in those stores to whom some artists had 
wholesaled their work. 

Mr. Steneck went on to say that "art does not necessarily 
require the same handwork that a craft does; art is many 
things with an emphasis on vision, inspiration, and skill." 
He stressed that "the means of reproduction of art is not 
as important as it may be for craft because art is mostly 
concerned with vision." If it became impossible to have 
art on the street, the Program would become a program of 
predominantly jewelry, T-shirts, and funsketches. Mr. 
Steneck asked that a "reasonable interpretation" be made 
of the statute. 

Commissioner Rogers thanked Mr. Steneck for his "excep- 
tional" letter. 

Street Artist Sharon MacDougall invited the Commissioners 
and Ms. Varah to view a display in the room of "samples 
of artwork that is being threatened." She showed a variety 
of "very creative" artwork from the street artists which 
included "photographs of one-time events"; prints of 
original paintings by Martin Tang whose poster for the 
Program's 25th anniversary was selected from other artists' 
entries by the Art Commission; and the prints of others. 
Ms. MacDougall showed an original which, she said, was 
worth $1,500, a price which the artist could hardly fetch 
on the street nor be able to produce such one-of-a-kind 
work in quantity so as to be competitive on the street. 

Ms. MacDougall went on to say that many street artists 
are getting much more creative than they have been in 
years because they have now been able to affordably re- 
produce their originals. 

Street Artist Mike Granatt stated that he felt the real 
question was "what is an art and what is a craft?" In 
looking at the displayed samples of work, he said that 
the art is not the question; the question is whether the 
method of reproduction alters or adds to the orignal art. 
If the method of reproduction does not add to or alter 
the original art and is, in essence, insignificant, it 
should be allowed to be done by a third party so long as 
the third party reproduces exactly what the artist created. 






STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 7 



So long as the reproduction is, he said, an exact copy, 
he did not feel the ordinance would be violated. 

Street Artist Barbro Haglund, in response to questions 
by Commissioner Freebairn-Smith, stated that so much has 
happened in technology that cannot be ignored; if a laser 
print can be made of good quality and a customer wishes 
to buy it, the print should be allowed in the Program 
so long as the customer is told it is a copy. 

Street Artist Virginia Travers stated she was one of the 
artists whose prints were being displayed at the meeting, 
and that much handwork goes into the print once it comes 
back to her from the commercial copier; the artist mounts, 
mats, frames, and signs the print. She herself handcolors 
much of the prints she gets back. Many photographers have 
to trim the photographs and mount them on board or on 
magnets; some incorporate the photos into jewelry. She 
reiterated that the print she receives from the lab is 
just a component and not the finished product. 

Commissioner Rogers thanked Ms. Travers for her letter. 

Street Artist Bob Clark stated that he did not feel that 
the issue was a question of what is art but an issue of 
what constituted a " handmade art" or a " handmade craft." 
In viewing the samples on display, he said that there was 
no denying that the prints were art, but he observed that 
only one of the prints was signed and numbered, whereas 
signing and numbering was a condition that photographers 
and printmakers agree to when they enter the Program. 
He was disappointed that such artists have not adhered 
to this "honor system." The question was not "what is 
art?" but "what handwork is being done" by the individual 
on the finished product offered for sale on the street. 

Street Artist Mark Monsarrat stated that he has sold both 
printed and handpainted lithographs; the advent of new 
technology has become a boon to the streets and has al- 
lowed him to be more creative. He stated that he has 
always numbered his prints. 

Street Artist Julio Bonilla stated that he has viewed for 
hours and hours people making their original work and sell- 
ing it. 

Street Artist Dick Knoble disputed the Program's existing 
system of requiring printmakers and photographers to number 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 8 



the prints of limited editions: just numbering an object 
of art "doesn't make it art." The numbering is also 
difficult to regulate. He stressed that so long as the 
artist creates the original and it is reproduced (by someone 
else) to look exactly like the original, then the artist 
should be allowed to sell as many duplicates as he wishes. 

Commissioner Rogers ascertained from Commissioner Stermer 
that a numbered print is, to the public, more valuable 
than a non-numbered print so long as it is evident that 
the numbered print belongs to a limited edition. 

Street Artist Matt Summers stated that he has been selling 
his photographs for twenty-four years and that he felt 
the numbering system was wrong because it gave a false 
impression to "the naiive buyer." He went on to say that 
the term "handmade" inserted into the law was "to address 
crafts rather than images which would be photos and art" 
in order "to placate the merchants" so that they would 
not be competing with the same items of the artists. To 
judge art and photography on the same level with crafts, 
therefore, was unfair. Furthermore, the fact that he could 
take his own created image, recorded onto a negative, to 
any photographic lab and have it duplicated proves that 
the taking of the image was "handmade" by himself. 

Street Artist Alex George stated that when someone does 
a watercolor or writes a book, the person is starting with 
blank pages. The person is doing an "act of creativity"; 
the only time when there is any machinery involved "is 
that one second of photocopier." To say that a copy is 
totally made by someone else "implies that you went to 
a store" and bought a quantity of someone else's pictures, 
all matted and wrapped, "and you're" selling them. Ms. 
George went on to say that even if the Commissioners did 
not consider a print to be the artist's own work, they 
should consider it with its mounting, mat selection, and 
packaging as an assembly, which describes some of the 
other acknowledged crafts in the Program. She felt that 
the term "handmade" was being applied only to the arts 
in this issue. If she had to do an original picture each 
time she sold one, then a writer should have to write a 
new book each time he sold one copy - "We'll all burn out!" 



Commissioner Rogers stopped the hearing to return to Item 
I, "HEARING ON APPEAL OF RECOMMENDATION OF ADVISORY COM- 






STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 9 



MITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO 
DISAPPROVE ITEM; POSSIBLE MOTION TO APPROVE ITEM." 

The Commissioners examined a drawing executed in colors 
by Ms. Orfa Gonzalez during the preceding discussion and 
compared it with the design on her submitted T-shirt. 
Commissioner Meyer stated that it appeared that Ms. Gon- 
zalez had replicated the design. 

Commissioner Stermer moved that Ms. Gonzalez be approved 
to sell the silkscreened design as submitted to the Program 
Committee; the motion was seconded by Commissioner Meyer 
and unanimously approved. 

Commissioner Freebairn-Smith commented that he would like 
the Street Artists Program "to elevate the quality of work 
above what we're seeing here." 



Returning to Item III, Commissioner Rogers asked to hear 
from Special Legal Assistant Adine Varah of the City 
Attorney's office. 

Ms. Varah stated that her office had not yet issued a for- 
mal written memorandum on the issue so that more 
testimony, from today's hearing, could be received and 
considered. At this point in time, she stated, her office 
stood behind its position on self-published books and felt 
that it was a correct analysis of the law. Relative to 
that position, her office will take a close look at the 
text of the street artist ordinance and other materials 
which have been submitted to verify the original intent 
in order to clarify for the Art Commission to what extent 
its Program is able to permit certification of works that 
involved third-party reproduction. 

Ms. Varah went on to say that the City Attorney's office 
felt that the Commission's past interpretation and regu- 
lations regarding photographs were consistent with the 
intent and practice of the law, and her office found no 
violation of that. Her office will be providing clarifi- 
cation. 

In response to a question from Commission Meyer, Ms. Varah 
clarified that her office had concluded that the certifica- 
tion of self-published books was consistent with the 
ordinance, that literature fell within the definition of 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 10 



art and craft, and that the Commission, in the same way 
it regulated photographs, could engender regulations 
pertinent to limiting editions of third-party reproductions. 

Street Artist Bill Clark asked the Commissioners if Ms. 

Varah was saying that the Art Commission will be allowed 

to let items not made by the street artist into the Program. 

Ms. Varah told the Commissioners that her office will look 
again at the ordinance's fundamental definition of "hand- 
crafted item: An item predominantly created or significantly 
altered in form by the street artist." It will be important 
for the Commission to have a clear outline of the extent 
to which third-party reproductions are consistent with 
the ordinance. 

Commissioner Freebairn-Smith asked Ms. Varah the following: 
If a permissive reading of the law will be the recommenda- 
tion of the City Attorney, but the charge to the Art Commis- 
sion "is always to try to elevate the standards of art 
in the city," would it contradict anything in the law if 
the Commission exceeded the definition of handcrafted 
item and tightened standards? He felt the Clarks had raised 
an essential fundamental issue about quality; however, 
he expressed, the last thing he wanted to do was to exclude 
"people who are moving seriously into better art production 
... through this Program." 

Ms. Varah responded that an extremely important component 
of the Program is its screening process which is "a safe- 
guard in the Program" and there was discretion in the 
screening that could be exercised. 

Commissioner Stermer stated that his understanding of the 
foregoing discussion was that it had "nothing to do with 
quality of art." Reproduction was the sole issue here. 
Regardless of the testimony the Committee had received 
on the need for quality art, there was a compelling issue 
"of third-party art ... with certain restrictions" 
pertaining to whether "it can be demonstrated . . . that 
it is made by the person." He sensed that there may be 
a need to change the wording or enlarge the wording of 
the definition of handcrafted item, because he felt that 
an artist who works with a commercial technician to repro- 
duce the artist's painting is, in essence, "creating that 
product even as it /goes through the machine." 

Commissioner Stermer went on to say that, until recently, 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 11 



artists have been "punished by the lack of technology in 
the sense that they had to get" poor photocopies and 
handcolor each one which probably resulted in a reduced 
quantity of art. He reiterated that he saw the basic issue 
as "the means of reproduction and whether or not the artist 
has manipulated the means of reproduction as well as the 
means of the original creation." He concluded that the 
Clarks ' issue was a "reasonable" issue: "this is not just 
art; this is handmade art." 

Commissioner Freebairn-Smith responded that he shared 
many of the points made by Commissioner Stermer; but if 
there was a mechanism for improving the quality of the 
Program, he wanted to remain interested in that. He wanted 
to be assured that once the present matter has been defined, 
the Commission will not have created any obstructions to 
elevating the quality of the work in the Program. 

Commissioner Meyer stated that he was convinced that the 
definition of "handmade" was "way too narrow" and there 
was a need to address the existence of photographers and 
persons who make drawings and prints or writings, all of 
which are susceptible to reproduction through a machine. 
These people, he said, are an important and necessary part 
of the Program and the agenda of the Art Commission. He 
surmised that the City Attorney had already decided that 
such works fall within a broad interpretation of the con- 
cept of "handmade"; he wished to use that decision to allow 
the Commission to develop regulations that acknowledge it. 

The Commissioner went on to say that a balance should be 
made "between 'crafts' and the image-makers": "the crafts 
do reproduce a smaller number, generally, of items . . . 
it takes a little longer generally to reproduce the con- 
cept, and so the numbers that they produce and can sell 
are smaller . . . than the numbers that can be reproduced 
and sold by" the photographic or photocopying processes. 
It was this imbalance that was causing the friction among 
the artists, and it could possibly be corrected by a num- 
bering or limitation system. 

Commissioner Stermer ascertained from Street Artist Edward 
Steneck that this issue was widely disseminated among the 
street artists. The Commissioner asked whether there was 
a fair representation of both sides at today's hearing. 
Mr. Steneck responded that he did not see anyone except 
the Clarks who were representing the view opposed to his 
view, and that this was "a fair representation" of the 






STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 12 



Program. 

Street Artist Bill Clark told the Commissioners that the 
people he represented "are actually in their workshops 
right now producing their work." 

Commissioner Stermer stated that consideration must be 
given to the artists 1 desires in this matter; it is their 
living, and the Commissioners did not have the right to 
tell them how to make a living but did need to know how 
the artists could best make a living within the guidelines. 

Commissioner Meyer stated that he felt that the Commission 
should allow a photocopied print so long as the artist 
approves the balance of colors as it comes out of the 
machine, thus exercising the choice to not pay for it unless 
it is acceptable to the artist's standards. The same 
decision by photographers to accept or reject a print of 
their image as it comes out of the lab is, he said, "the 
handmade stamp ... that the artist is putting" on the item. 

Mr. Clark asked to address this; Commissioner Rogers stated 
the hearing was closed to public testimony; both Clarks 
left the meeting. 

Commissioner Freebairn-Smith asked Ms. Varah to clarify, 
if any, legal distinctions between the various methods 
of reproduction - for example, the poet who reproduces 
his/her poems on paper; the musician who sells a tape 
recording of his/her performance; and the artist who sells 
his/her photocopied artwork - when Ms. Varah' s office 
issues its opinion. 

Commissioner Stermer stated that the Clarks had made a 
very good point: the word "handmade" was mentioned twice 
in the Voters Handbook. While technology has changed 
the way artists work, "this" (the statements expressed 
in the Voters Handbook) "is still on the books" and it 
was not satisfying the needs of today's visual artists 
on the street. 

Program Director Lazar asked that the City Attorney and 
the Commissioners consider that if the City Attorney's 
determination is a broader view of what constitutes hand- 
craftsmanship and re-confirms the allowance of third-party 
reproductions, the door could open for a review of the 
the Program's criteria for its other arts and crafts - 
notably, criteria dealing with cast jewelry. In recent 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 13 



times, the Commission upheld its Advisory Committee's 
recommendation to disapprove an applicant who wished to 
job out the multiple casting of the applicant's pendants; 
the Commission did this based on its criteria that cast- 
jewelry makers must make the original and mold and do the 
casting themselves. It would not be fair to allow a photo- 
grapher or a printmaker to sell multiple copies they did 
not make of their original image and, at the same time, 
to prohibit a cast-jewelry maker from jobbing out his/her 
molded designs. 

Commissioner Meyer responded that this underscored his 
view that limited editions must be required. 

Commissioner Rogers responded that at the time of enactment 
of the present ordinance, printmakers wishing to sell 
multiple copies had access only to very expensive machines; 
with the improvement of technology, printmakers have more 
affordable access to the means of reproduction of their 
work. Casters do not have access to a machine which could 
yield multiple copies of their original. 

Mr. Lazar responded that they nevertheless have access 
to commercial companies with whom they could contract to 
produce their items. Off and on through the years the 
Program Director has received complaints from jewelers 
that other "jewelers" in the Program were not making 
their own items but were selling store-bought jewelry. 
(Some of these cases, with production of evidence, have 
resulted in hearings and suspensions of certificate.) 
He suggested that consideration be given to limited 
editions as a possible way to achieve equitability . 

Commissioner Stermer stated numerical restrictions were 
not fair to either the photographer or the buyer; the 
photographers could take thousands of pictures to achieve 
the one which is a success. In addition, numbering would 
be impossible to police. 

Commissioner Rogers stated that he would be inclined to 
expand the "handcraft" definition, and that he was persuaded 
by having read Mayor Alioto's words at the time the Program 
was created that the Program "'will be limited to artists 
selling their own work'"; to the Commissioner, that meant 
a photographer can take a picture - his own work - and 
get it copied and sell the copies. Commissioner Rogers 
added that, with the current state of technology "it's a 
wonderful opportunity to bring these things to people and 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 14 



sell them on the street at reasonable prices.... Artists 
win, buyers win, the city wins ... By limiting it, we all 
start losing." 

Commissioner Rogers went on to say that what he has learned 
from three years of being on the Program Committee is that 
policies have matured over the years, generally for good 
reasons. When policies come up for review, the Committee 
should lean to the side of conservatism and the status 
quo because there are good reasons related to people making 
their living. He himself was generally disinclined to 
change what has occurred in the Program unless there was 
a groundswell of support from the artists themselves. In 
the present case, the Program had a workable system which 
he did not wish to see changed. 

With regard to the numbering system, Commissioner Rogers 
stated that the ease with which prints can be reproduced 
and the opportunity for fraud render pointless the limiting 
of editions. 

Commissioners Rogers and Meyer expressed interest in 
considering removal of the criteria for limited editions 
consistent for all the arts and crafts. Commissioner Meyer 
stated that, while he had been a supporter of having 
numbering systems, he was now "more persuaded by the free 
market approach . . . let supply and demand make the final 
determination. " 

Commissioner Rogers asked that next month's meeting hear 
the forthcoming City Attorney opinion and also have a dis- 
cussion on considering the removal of limited editions. 

Commissioner Freebairn-Smith stressed the need for quality 
art and stated that the Art Commission was not in existence 
"to simply effect a free market program of anything that 
sells." He did not feel that that was the purpose of 
the street artist ordinance; it was passed because "San 
Franciscans as voters - as an entire community - said 'Let's 
not have our visitors, who are flying in here from Europe 
or from Asia, assaulted in the streets with low-quality 
products that denigrate the quality of life here and the 
quality of the visitor experience.'" The Commissioner added ' 
that he felt the Commission's responsibility was to invent 
mechanisms that would allow judgments to be made about 
the quality of the products; while this may not be so statec 
in the ordinance, he felt that it should be incorporated 
in the applicant-screening process. 



STREET ARTISTS PROGRAM COMMITTEE - April 8, 1998 Page 15 



Director of Cultural Affairs Newirth commented that, while 
he felt the Commissioner's statements were a valid view- 
point, he himself perceived one of the Art Commission's 
strongest charges to be not so much that of determining 
quality as it is encouraging the proliferation of art 
activity - the availability of art - throughout the city. 

Commissioner Rogers acknowledged that the street artists 
are "on the very front lines of" entrepreneurship; he felt 
that the artists ' chief interest was whether or not their 
product sells. 

Commissioner Freebairn-Smith stated that America, in its 
cultural achievement, "will not be remembered as a culture 
for just being able to sell things." 

Commissioner Meyer stated that he felt both the desire 
for quality art and the issue of how artists may be allowed 
to reproduce their works could be melded, that the develop- 
ment of quality standards could be encouraged. Limiting 
the means of how arts and crafts can be reproduced would 
not necessarily ensure quality. 

Commissioner Stermer saw the Program as "democracy in 
action, a democracy of the pocketbook: people who don't 
sell just don't stay." 

Program Director Lazar stated that, at the last hearing, 
printmakers had testified that, ironically, thanks to the 
new technology, there was more quality - affordable quality 
of visual expression on the street. The Commissioners 
concurred. 

Commissioner Meyer summarized two points: (1) the Com- 
missioners had reached a concensus to support a broader 
definition of the concept of "handcraft"; and (2) there 
was a consensus to consider removing the requirement of 
limitations on editions, an issue to be heard at the 
next meeting. 

Commissioner Rogers adjourned the meeting at 4:53 p.m. 

Respectfully submitted: 

Howard Lazar 

Director 

Street Artists Program 



S F 



A C 



^SAN FRANCISCO^ART COMMISSION 



f\ 10. 75" 



PROGRAMS S/l^/^t 



~.\v\c Art Collection 

Civic Design Review 

Community Arts 

& Education 

tural Equity Grants 

Symphony Concerts 

Public Art 



reet Artists Licenses 

Suite 70 

415.252.2581 



ommission Gallery 

1 Van N ess Avenue 

415.554.6080 



^STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, ^May 13, 1998 
3:00^p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 






E N 



-oT. 



APR 2 8 ^98 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



II 



HEARING ON CITY ATTORNEY CLARIFICATION ON STREET ARTIST 
CERTIFICATION OF SELF-PUBLISHED BOOKS; QUESTION ON ALLOWING 
THE EMPLOYMENT OF A THIRD PARTY TO REPRODUCE AN ITEM CREATED 
BY A STREET ARTIST (hearing continued from 4/8/98) 

HEARING TO CONSIDER DELETION OF REQUIREMENT FOR LIMITED 
EDITIONS FROM CRITERIA FOR "PRINTMAKING" , "PHOTOGRAPHY", 
"COMPUTER- GENERATED & 'NEW TECHNOLOGY 1 ART" 




III REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTIST 
PROGRAM 

IV PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

V ADJOURNMENT 



City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco, CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

"Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbs ide parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554- 6083. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



S F 



A C 



^SAN 



FRANCISCO ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



M 



PROGRAMS 



ivic Art Collection 

Zivic Design Review 

Community Arts 

& Education 

ural EoyiTY Grants 

Symphony Concerts 

Public Art 



Kin Artists Licenses 

Suite 70 

415.252.2581 



)mmission Gallery 



yiay 13, 1998 -,--"«„ ' 

Art Commission Conference Room qoW ,WIF - NTS 

2 5 Van Ness Avenue 
San Francisco, California c &n FRANCISCO 

ISbuc librabv 

^MINUTES 



Commissioners present: 



Commissioners absent: 



Emery Rogers, Rod Freebairn-Smith, 
William Meyer, Dugald Stermer, 
William Villa 

None 



Van Ness Avenue 

415.554.6080 staff present 



Director of Cultural Affairs Richard Newirth 
Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 




City and County of 
San Francisco 



Commissioner Rogers, Chair, called the meeting to order at 3:10 
p.m. 

I HEARING ON CITY ATTORNEY CLARIFICATION ON STREET ARTIST 

CERTIFICATION OF SELF-PUBLISHED BOOKS; QUESTION ON ALLOWING 
THE EMPLOYMENT OF A THIRD PARTY TO REPRODUCE AN ITEM CREATED 
BY A STREET ARTIST (hearing continued from April 8, 1998) 

The Commissioners acknowledged receiving the awaited clarifi- 
cation from the City Attorney's office: a May 8, 1998 letter 
regarding "Street Artist Certification of Third Party Repro- 
ductions." The Program Director had also sent copies of 
the letter to all street artists who had spoken on the issue 
at the previous two Program Committee meetings. 

Ms. Adine Varah, Special Legal Assistant of the City 
Attorney's office and primary researcher and co-author of 
the letter, recapped the question, summarized her office's 
conclusion and offered to respond to further questions on 
the matter. In light of a street artist's inquiry, she 
said, the Program Committee had asked the following: "Are 
the Arts Commission's screening criteria, which permit the 
certification of certain art and craft items that have been 
reproduced in limited editions by third parties, inconsistent 
with the Street Artists Ordinance?" The City Attorney's 
office concluded that the screening criteria are not incon- 
sistent with the ordinance; the Art Commission is authorized 
to issue screening criteria under the ordinance; the criteria 
reflect a reasonable, long-standing, and consistent interpre- 
tation of the ordinance; furthermore, the criteria were 
found to be not arbitrary, capricious, nor without rational 
or reasonable basis; as currently drafted, the criteria 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1998 Page 2 



serve to ensure that certified works qualify as handcrafted 
items under the ordinance which are items that are predom- 
inantly created or significantly altered in form by the 
artist; as a result, a court would very likely defer to 
the Commission's committee certification of certain art 
and craft items that have been reproduced in limited editions 
by third parties. 

Ms. Varah went on to say that the opinion went into detail 
about the plain text of the ordinance and the judicial def- 
erence given to administrative agency interpretation of 
the ordinance, and the standard judicial review for admin- 
istrative agency regulations such as the screening criteria. 

Commissioner Meyer questioned whether the screening criteria 
necessarily have to include limits on the items produced 
by third parties. Ms. Varah responded that the City 
Attorney's opinion stated that it was one method, albeit 
not the only method, of ensuring that a work is predomi- 
nantly created or significantly altered by the artist and 
that its mass-produced aspect is secondary to its creative 
component. 

Commissioner Rogers stated that, in reference to the 
opinion's assertion of judicial deference given to adminis- 
trative agency interpretation, he as Commissioner had 
acquired "great respect" for "the status quo" because "things 
were the way they were for specific reasons" and represented 
issues directly related to the artists' livelihood; conse- 
quently, he had become reluctant to alter the status quo 
in a major way and this had become his guiding principle 
in considering policy issues. He concluded that the first 
two lines of the "judicial deference" paragraph (the letter's 
page 6, paragraph 1) paralleled this principle: "... The 
law is clear that 'long-standing and consistent administra- 
tive construction of a statute by those charged with its 
administration, particularly where interested parties have 
acquiesced in the interpretation, is entitled to great weight 
and should not be disturbed unless clearly erroneous.'..." 

The Commissioner went on to say that, nevertheless, he sensed! 
the Commission might be drifting slightly towards a double 
standard in that artists of some types of items were being 
allowed to have third parties participate in the production 
of the items while artists of other types of items were 
not so allowed. But, in reading the opinion, the Commis- 
sioner felt there was a basis for this situation and it 
could possibly be continued as a matter of policy. 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1998 Page 3 



Commissioner Rogers also stated that what was not settled 
in his mind was the issue of limiting numbers of reproduc- 
tions. His understanding of the opinion was that it would 
be adviseable for the Commission to leave its current 
standards of limited editions in place, that to remove them 
could leave the Commission legally vulnerable. 

Ms. Varah responded that by maintaining the status quo, 
the same principle of "long-standing and consistent admin- 
istrative construction of a statute" would apply and the 
Commission would receive the same deference from a court. 
If numerical limitations were eliminated, the same doctrine 
may not apply to the Commission, although it did not neces- 
sarily mean that a court would not uphold the Commission's 
action due to the other reasons set forth in the opinion. 
Ms. Varah stated that the opinion stressed that the Commis- 
sion's major task was to ensure that items are predominantly 
created or significantly altered by the artist; to the extent 
that the Commission forms a justification or a reasonable 
basis for making a modification of the criteria in order 
to accomplish the goal of ascertaining predominant creation 
or significant alteration by the artist, the Commission's 
action would most likely be considered as consistent with 
the ordinance and be upheld. 

Commissioner Stermer stated that he did not feel a photogra- 
pher who shoots a classic picture which wins the public's 
support should be punished by preventing the photographer 
from selling an unlimited number of the print. 

Program Director Lazar stated that he understood that the 
opinion rested to an extent on the Commission's history 
of imposing limits on commercially reproduced prints, actions 
which were initiated by the Commission in deference to those 
photographers and printmakers in the Program who did their 
own photof inishing and printmaking entirely (who, because 
of this, were allowed to sell unlimited editions of their 
works). Mr. Lazar further understood that the City Attorney 
had acknowledged that the limited editions criteria were 
to ensure against a product becoming so mass produced as 
to overtake its predominant creation or significant alter- 
ation aspect of the artist's contribution to the product. 

Ms. Varah clarified that that point was made in her office's 
previous opinion on the certification of cassette tapes, 
that the proportion of the original state of work might 
become confused in the work's mass produced aspect. 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1998 Page 4 



Ms. Varah stated that in maintaining the status quo, the 
interpretion given by her office would most likely be up- 
held; whereas in changing the status quo, different standards 
may apply that may be more or less likely to be upheld. 

Commissioner Rogers stated that he would not be bothered 
by the allowance of a photographer to sell as many commer- 
cially reproduced photo-prints of his image as he wished; 
but the Commissioner would be bothered if the photographer 
attempted to sell an unlimited number of "xerography" prints 
of his image, despite the fact that in both cases the photo- 
grapher would be going to a third party for the production 
of prints. There was a qualitative distinction between 
the two products. 

Commissioner Stermer stated that in the "fine art world" 
a scribed, drawn, acid-bathed, or lithographed print is 
usually numbered and limited, and the plate is destroyed. 
The artist signs several "artist's proofs" and does the 
edition run; the buyer knows what the run is and trusts 
that there will be no more. However, he said, this does 
not apply to photography: the photographer usually signs 
the print, meaning that the photographer not only took 
the picture but had something to do with the reproduction 
of the picture; but the limits on the number of prints the 
photographer can make from the negative are what the photo- 
grapher decides and they do not alter significantly the 
value of the photograph - and it doesn't matter, because 
the negative stays consistent. So the two arts are treated 
very differently, handed down through tradition, in the 
"fine arts world". The Art Commission could consider this 
guideline which has withstood the test of time in the "fine 
arts world" to guard against a product's mass-produced aspect 
submerging its initial, predominant creative aspect. 

Commissioner Rogers stated that he felt the concept of 
limiting copies was basically unenforceable because there 
was no inherent self-policing structure. He would prefer 
to eliminate the limitations, but this could leave the Com- 
mission legally vulnerable as well as possibly jeopardizing 
the verification of predominantly created products by the 
artist - that is, "watering down the intent of the 
ordinance. " 

Commissioner Meyer stated that favored the "free market 
system" with respect to street artist wares. He also was 
pleased that the Street Artists Program was able to offer 
some inexpensive items for buyers who do not have much 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1998 Page 5 



money, the items still being created by artists. Even a 
postcard created by an artist should be allowed to 
proliferate so long as someone is willing to buy it. 
The marketplace itself acts as an agent to eventually 
limit the postcard. The Commissioner felt that the limited 
edition criteria were unnecessary restrictions. By not 
having limits, the Commission could allow technology in 
its Program to continue to change - xerography prints, for 
example would improve, and other technology might come along 
to enable artists to reproduce their art. 

Commissioner Rogers asked Ms. Varah whether the Commission 
has the authority to set a policy that would not allow 
jewelry to be reproduced by third parties but would allow 
photographs to be reproduced by third parties. Ms. Varah 
responded that it could so long as there was a rational 
basis for it. 

Program Director Lazar asked whether the "rational basis" 
could be in light of the finished product being representa- 
tive of a predominant creation by the artist. For example, 
the Commission could consider that the predominant creation 
of a photograph was the artist's selection and photographing 
of the image and not the commercial laboratory's printing 
of the negative - so long as the print or reproduction did 
not alter what the photographer saw and captured through 
the lens, and that the photographer could take the negative 
to any lab and receive, basically, the same print. However, 
in the case of jewelry, if an artist jobbed out a mold 
of his created ring to a third party, couldn't the Commission 
argue that the finished product was a replica not in keeping 
with the original predominant creation? The Program Director 
expressed anxiety over the possibility of a case or several 
cases of violation before the Program Committee in which 
the alleged violators would argue to be allowed to sell 
"rolled" or "clicker" belts or other mass-produced items 
manufactured by commercial companies from designs submitted 
by artists; he felt this would be deleterious for the other 
street artists as well as for the public. 

The Commissioners concurred. 

Ms. Varah stated that her office felt the plain text of 
the ordinance was not ambiguous, that it was clear the Art 
Commission has the authority to issue screening criteria; 
that the term "handcrafted" does not necessarily mean that 
a work has to be exclusively created by the artist; and 
that a necessary outgrowth of the stated screening procedure 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1998 Page 6 



is the Commission's right to develop screening criteria 
which, if not arbitrary, capricious, unreasonable, or ir- 
rational, would most likely be upheld by a court. 

Commissioner Rogers pointed to what he felt the public would 
expect - for example, a buyer would expect that the ring 
he or she buys was entirely handmade by the artist selling 
it, whereas a buyer would not be bothered by the fact that 
a color print of an artist's painting was run off by someone 
other than the artist. The Commissioner concluded that dif- 
ferent criteria could be applied to different arts and crafts 
based on the standard of the public's reasonable expectations 
of the arts and crafts. 

Commissioner Stermer stated that it would then follow that, 
based on reasonable expectations, the public would expect 
that a black and white photograph was developed and printed 
by the photographer whereas a color photograph may not 
necessarily have been developed and printed by the photo- 
grapher. In esseence, there arises "a double standard within 
a double standard" most of which has to do with technology. 
He favored the Commission's long-standing practice of apply- 
ing different criteria to the various arts and crafts. 

The Commissioner went on to say that he sympathized with 
the issue that Street Artists Bill and Bob Clark raised, 
and that the issue should be re-examined every two years 
as technology changes and as the marketplace changes. 
Fortunately, there was no fixed standard or criterion for 
all the arts and crafts, he said; and neither was there 
one in the outside art world. 

II HEARING TO CONSIDER DELETION OF REQUIREMENT FOR LIMITED 
EDITIONS FROM CRITERIA FOR "PRINTMAKING" , "PHOTOGRAPHY", 
"COMPUTER-GENERATED & 'NEW TECHNOLOGY' ART" 

Discussion on the previous item flowed into discussion 
on Item II. Commissioner Rogers called for testimony from 
the audience. 

Mr. Mathew Porkola, Chair, Advisory Committee of Street 
Artists and Craftsmen Examiners, joined the Commissioners 
in their thanks to Ms. Varah for her written clarification. 
Referring to it, Mr. Porkola stated that it was clear that 
the use of limited editions was the best way of balancing 
the concerns of artists like the Clark brothers, as the 
Street Artists Program has "historically been a handcrafted 
program." While the enforcement of limited editions was 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1998 Page 7 



a problem, limited editions as a matter of policy was 
beneficial to encourage artists to experiment and be more 
creative in the production of their work. He urged that 
the screening criteria, adopted in 1977, be updated - spec- 
ifically, to maintain compliance with the California 
statute entitled "Sale of Fine Prints" (mentioned in the 
current City Attorney opinion) which requires art dealers 
to provide, upon a purchaser's request, a "certificate of 
authenticity" for "fine prints" or "prints" produced in 
multiples. Mr. Porkola stated that possible misunderstand- 
ings on the street could be avoided if the buyer is informed 
that he or she is buying a laser print, ink- jet print, or 
litho - determining factors of the longevity of the print. 

Street Artist Sharon MacDougall stated that artists already 
inform their customers of the quality of the print. She 
added that if the artist numbers the prints, it implies 
that the prints will increase in value. 

Commissioner Stermer stated that, without enforcement, the 
numbering of prints would be "an open invitation to fraud." 
Instead of numbering, the Commissioner favored the idea 
of artists offering full disclosure of the reproduction 
method of the print. 

Street Artist Mike Granatt proposed that the City Attorney's 
office develop a standardized certificate of authenticity 
for printmakers and others to file with the Art Commission. 

Street Artist Barbro Haglund stated that, as a photographer, 
she makes various sizes of prints from the same image; she 
questioned whether she would be required to set a limit 
on each size of the same image. 

In response to questions from the Commissioners, Program 
Director Lazar stated that the current criteria for limited 
editions not only varies among several crafts but varies 
within the one craft of photography. 

Mr. Porkola stated that the Advisory Committee, in drafting 
the criteria for "Computer-Generated & 'New Technology 1 
Art," had wanted to standardize the limited edition cri- 
terion in keeping with the limited editions of the other 
crafts, but the Program Committee decided to restrict it 
further (50 copies per edition) in order to encourage people 
who do laser-copy work to frequently alter their images 
and produce new work. 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1998 Page 8 



Commissioner Meyer proposed that the Advisory Committee 
be asked to make an initial categorization of all the arts 
and crafts in the Program and make recommendations of 
standards for each category for submittal to the Program 
Committee as a basis for development of policy. Commissioner 
Stermer expressed support of the proposal. 

Director of Cultural Affairs Newirth expressed support of 
this as a means of taking a fresh look at the twenty-one- 
year-old criteria for possible revision. 

Street Artist Barbro Haglund urged the Commissioners to 
delete limited editions. 

Commissioner Rogers requested Program Director Lazar to 
develop a list in a reasonable grouping of the types of 
art being sold by the street artists; there would follow 
discussions between the Program Committee and the Advisory 
Committee. The Advisory Committee should begin to develop 
recommended criteria for each category as to whether 
an art or craft may be reproduced by a third party and 
whether it should be in a limited edition - so that a 
clearer codification may be applied by the Advisory Commit- 
tee in its screenings. A special meeting of the Advisory 
Committee could be held to draft such recommendations. 

Commissioner Freebairn-Smith asked whether it was feasible 
for the Program to monitor limited editions. Mr. Porkola 
replied that it was not very enforceable; he reiterated 
that the primary purpose of limited editions was to encourage 
artists to refine their craft. 

Street Artist Edward Steneck stated that, unless the Art 
Commission staff were given the authority to destroy an 
artist's negative or original painting after its limited 
edition prints were sold, numbering prints "is just per- 
petrating a fraud on the public." Limiting the edition 
of one's prints should be only on a voluntary basis, gen- 
erally for the purpose of enhancing the value of the prints. 
He questioned the reasoning behind "penalizing" someone 
who is successful in continuing to sell one image over a 
period of years: Why should a photographer have to stop 
selling his best-selling photo of the Blue Angels flying 
over the Balclutha when the Blue Angels will no longer fly 
over that area and the Balclutha has been moved? 

Mr. Steneck went on to say that the artists' lottery system 
limits the artists' opportunities in getting very good spaces 



STREET ARTISTS PROGRAM COMMITTEE - May 13, 1998 Page 9 



which, in turn, limits the volume of prints an artist can 
sell. Because of the lottery system and competition, "nobody 
out there is going to sell 10,000 of anything." Mr. Steneck 
emphasized that he enjoyed the capitalist system he was 
under and did not feel that anyone who has reproductions 
made of his original art work should be limited in the number 
of prints he can sell. 

Commissioner Rogers asked that a list of questions submitted 
by Bill and Bob Clark, who were not present, be entered 
into the Program's records and also submitted to Ms. Varah 
for possible City Attorney response. 

Ill REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar reported that he had submitted draft 
legislation to Supervisor Teng to appropriate to the Street 
Artists Program revenue derived from fines collected for 
violations of the street artist ordinance, the revenue to 
be used to reimburse the Program for its costs of hiring 
off-duty Police officers to enforce the ordinance. 

Commissioner Rogers moved to express the Commission's apprec- 
iation to Deputy City Attorney Miriam Stombler and Special 
Legal Assistant Adine Varah for their work; the motion was 
seconded by Commissioner Stermer and unanimously approved. 

The meeting adjourned at 4:30 p.m. 

Respectfully submitted: 




Howard Lazar 

Director 

Street Artists Program 



S F 



A C 






PROGRAMS 

ivic Art Collection 

Civic Design Review 

Community Arts 

& Education 

ruRAL Equity Grants 

Symphony Concerts 

Public Art 



«et artists licenses 

Suite 70 

415.252.2581 



SAN 



FRANCISCO ART COMMISSION 



SF 

f)7o. ns 



DOCUMENTS DEPT. 

J UN 3 1998 

SAN FRANCISCO 
PUBLIC LIBRARY 



r N O T I C E 



The meeting of the ^STREET ARTISTS PROGRAM COMMITTEE- 



scheduled for Wednesday, June 10, 1998 



has been cancelled. 



>mmi ssion Gallery 

Van N ess Avenue 

415.554.6080 



The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, July 8, 1998, 3:00 p.m. in the Art 

Commission Conference Room, Suite 70, 25 Van Ness Avenue, San 
Francisco. 



Street Artists Program 
May 21, 1998 







City and County of 
\ San Francisco 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

^Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the meds of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible cuibside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554- 6083. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



S F 



A C 



- 



SAN FRANCISCO ART COMMISSION 

A70. 75 
7/0? 



DOCUMENTS DEPT. 

JUL o 6 1998 

sssrssss 



.NOTICE 



programs 

,'ivic Art Collection 
Civic Design Review 
Community Arts 
& Education 
tural Equity Grants 
Symphony Concerts 

public art T h e meeting of the ^STREET ARTISTS PROGRAM COMMITTEE 

scheduled for Wednesday/ July 8, 1998 has been cancelled. 

reet artists licenses 

Suite 70 

415.252.2581 



^ 



The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, August 12, 1998, 3:00 p. m. in Art 

Commission Conference Room, Suite 70, 25 Van Ness Avenue, San 



DM MISSION CaLLCHY 

1 Van Ness Avenue FiailCl SCO . 
415.554.6080 



Street Artists Program 
July 2, 1998 







City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



(! 



> 



AN FRANCISCO ART COMMISSION 



SF 



PROGRAMS 

vic Art Collection 

Iivic Design Review 

Community Arts 

& Education 

jral Equity Grants 

Symphony Concerts 

Public Art 






STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, /^August 12, 1998 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 

^AGENDA 



DOCUMENTS DEPT. 

JUL 2 3 1998 

SAN FRANCISCO 
PUBLIC LIBRARY 



eet Artists Licenses 

Suite 70 

415.252.2581 



mm i ssi on Gallery 
Van Ness Avenue 

415.554.6080 J 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF CERTIF- 
ICATE OR RENEWAL OF CERTIFICATE 



Alfred Gamarra - Certificate # 1547. Alleged violation: 
Displaying items not of the artist's own creation (com- 
mercially manufactured cast pendants, silver chains, cast 
rings, nickel money clips. 






II HEARING AND POSSIBLE MOTION TO APPROVE PROPOSED AMENDMENTS 
TO AGREEMENT BETWEEN ART COMMISSION AND FILM AND VIDEO 
ARTS COMMISSION REGARDING USE OF STREET ARTIST SPACES BY 
FILM COMPANIES 




III HEARING AND POSSIBLE MOTION TO ADOPT A LOTTERY RULE TO 
ALLOW A LOTTERY COMMITTEE MEMBER WHO RUNS A DOWNTOWN LOT- 
TERY ON SATURDAY TO CHOOSE A SPACE AT THE WHARF SIGN-UP 
AFTER THE MEMBER WHO RUNS THE WHARF LOTTERY SIGNS UP AND 
BEFORE THE HELPERS SIGN UP 

IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

V PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 



it\ and County of 
San Francisco 



VI 



ADJOURNMENT 



5 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

"Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to Hie needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains -stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals. with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 






SAN FRANCISCO ART COMMISSION 



/ 



^lv 



programs 

ivic Art Collection 

Zivic Design Review 

Community Arts 

& Education 

ural Equity Grants 

Symphony Concerts 

Public Art 



eet Artists Licenses 

Suite 70 

415.252.258! 



mmission Gallery 

Van Ness Avenue 

415.554.6080 



STREET ARTISTS PROGRAM COMMITTEE 

% August 12, 1998 

Art Commission Conference Room 

Suite 70 

2 5 Van Ness Avenue 

San Francisco, California 



M 



NUT 



DOCUMENTS DEPfr. 

MG 2 4 J9g 8 

SAN FRANCISCO 
PUBLIC LIBRARY 



Commissioners present: 



Emery Rogers, Dugald Stermer, William 
Villa 



Commissioners absent: Rod Freebairn-Smith, William Meyer 



Staff present: 



Director of Cultural Affairs Richard Newirth 
Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 
Deputy City Attorney Adine Varah 



Commissioner Rogers, Chair, called the meeting to order at 3:05 
p.m. and welcomed Commissioner Denise Roth as a non-voting 
observer of the meeting. 

I HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 

HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF CERTIF- 
ICATE OR RENEWAL OF CERTIFICATE 

Alfred Gamarra - Certificate # 1547. Alleged violation: 
Displaying items not of the artist's own creation (com- 
mercially manufactured cast pendants, silver chains, cast 
rings, nickel money clips). 

Program Director Lazar explained that last December the 
Advisory Committee had been monitoring the wares being sold 
by the street artists in the Downtown area and had stated 
in writing on December 21, 1997 that "Mr. Gamarra is also 
offering the following non-artist made items for sale: silver 
charms in the shapes of: Scorpions, Eagles, Cable Cars and 
Motorcycles." Mr. Lazar asked Advisory Committee member 
Susan Tibbon, who had written the note, to come forward 
and identify jewelry pieces he was submitting as evidence 
to the Commissioners. 




Zity and County of 
San Francisco 



In introducing her, Mr. Lazar stated that Ms. Tibbon was 
appointed by the Mayor as an expert in the arts and crafts 
processes to sit as a member of the Advisory Committee of 
Street Artists and Craftsmen Examiners in order to verify 
whether an art or craft is the creation of an applicant 
for a street artist certificate and to advise the Commission 
on whether the applicant should be certified. Ms. Tibbon 
was also a teacher of arts and crafts and a well-known 



1 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 2 



artist. 

Mr. Lazar produced two cast pendants, one of a scorpion 
and the other of an eagle on a motorcycle, and asked 
Ms. Tibbon if these were items she had seen on Mr. 
Gamarra ' s table on December 21st. Ms. Tibbon responded 
that, in viewing the items on Mr. Gamarra ' s table, she and 
Committee member Mathew PorkSla had been concerned that 
many of the items were imprinted with manufacturer's marks 
rather than an artist's signature or stamp. In examining 
now the two pendants, Ms. Tibbon stated that she observed 
that on the back of the eagle/motorcycle pendant was an 
imprinted date as well as the standard copyright 
"c within a circle" mark. She went on to say that while 
the eagle and the motorcycle were familiar, she could not 
recall whether they had been separate items on Mr. Gamarra 's 
table or joined as they were now; however, the scorpion 
pendant was the same piece she had seen on his table. In 
examining the scorpion pendant, she told the Commissioners 
that she observed the "c within a circle" mark, there was 
no artist's stamp on it, and it appeared to be a manufac- 
tured piece. Both the scorpion and the eagle/motorcycle 
pendants were cast pieces, she said. In further examin- 
ation, Ms. Tibbon observed that the eagle was imprinted 
with a date '"78" and the motorcycle with "'83." 

Ms. Tibbon further stated that she had seen small cable 
car pendants on Mr. Gamarra 's table. 

Mr. Lazar informed the Commissioners that the scorpion and 
the eagle/motorcycle pendants which Ms. Tibbon examined 
were obtained from R C International, Suite 1040, The Gift 
Center, on Brannan Street, San Francisco. 

The Commissioners examined the two pendants. 

Commissioner Rogers offered Mr. Gamarra opportunity to cross- 
examine Ms. Tibbon 's testimony. Mr. Gamarra chose not to 
do so and instead stated that the two pendants were not 
on his table and asked to see proof of photographs. 

Mr. Lazar submitted the photos he had taken of Mr. Gamarra 's 
display at Hallidie Plaza on May 22, 1998. He also referred 
the Commissioners to the Art Commission's criterion for 
"CAST JEWELRY" which had been published since 1977: "Casting 
from commercial wax patterns is not acceptable; the crafts- 
person must make original molds from original work." The 
Street Artists Program has always interpreted this to mean 









STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 3 



that the artist sculpts or molds an original object in wax 
or other media, then makes a mold from it, and does his 
or her own casting. Mr. Lazar maintained that the cast 
scorpion and eagle/motorcycle pendants represented very 
skillful and intricate sculpting, and that he wanted to 
see whether Mr. Gamarra could sculpt the prototypes and 
do so in the actual size of the cast pieces. 

Referring to his photos of May 22nd, Mr. Lazar identified 
the scorpion pendant as well as heart-shaped pendants, 
silver chains, a gold Egyptian-style pendant, a sculpted 
bicycle pendant, an abalone-inlaid Star of David and an 
inlaid "potleaf" pendant, several nickel money clips with 
mounted coins, silver-bezzeled amber pendants and rings, 
and other items. The Program Director, in referring to 
the photo showing these items, stated that he could not 
find any object in the photograph that was not commercial- 
ly mass produced. 

In pointing to the "potleaf" pendant in the same photo, 
Mr. Lazar submitted a copy of page 41 of "Jewelry Catalogue 
#50" published by Plum Island Silver Company, West Newbury, 
MA, which showed a photo of what he maintained was the same 
pendant: it was listed as "CH-525 Antiqued Pot Leaf." On 
the same page the Commissioners viewed a photo of an 
eagle/motorcycle pendant listed as "CH-949 Eagle On Cycle" 
which Mr. Lazar maintained was identical to the actual 
pendant he had submitted. 

Referring to the photo he took of Mr. Gamarra ' s displayed 
nickel money clips, Mr. Lazar requested the Commissioners 
to ask Mr. Gamarra if he made them. 

Referring to the photo containing the heart-shaped multi- 
colored pendant earrings and the silver-bezzeled amber rings 
and pendants, Mr. Lazar produced actual items to match the 
ones in the photo. The Commissioners examined these and 
noted the similarities. The items, Mr. Lazar stated, were 
obtained from World Imports, 101 Utah Street, San Francisco. 

Commissioner Stermer, in viewing the photos of Mr. Gamarra ' s 
objects, questioned whether linked coins (shown in one of 
the photos) would have been approved by the Commission. 
Mr. Lazar doubted that it would but said it would be up 
to the Advisory Committee to determine whether the artist 
had significantly altered the form of the components (the 
coins). Commissioner Stermer asked him whether the Program 
had ever licensed a street artist who demonstrated making 



STREET ARTISTS PROGRAM COMMITTEE - August 12 , 1998 Page 4 



such a variety of styles of jewelry as contained in the 
photos taken of Mr. Gamarra's display. Mr. Lazar responded 
in the negative, that while there had been a few artists 
who demonstrated they could make some of the styles, he 
had never seen one who could demonstrate such a myriad of 
styles as shown in the photos. 

Mr. Gamarra produced receipts which showed, he said, where 
he bought his silver, brass," nickel, copper. Commissioner 
Rogers questioned him on the meaning of abbreviations of 
certain listed materials: Mr. Gamarra responded that "SS 
LOW DOME" meant sterling silver wire and ""SS SHEET 18g" 
meant sterling silver sheet, 18 guage. While many of the 
receipts were recent (spring and summer of 1998), Commis- 
sioner Rogers noted that one of the receipts - Rio Grande 
- was from 1988. 

Mr. Gamarra stated that he came to the hearing to address 
the charge regarding the nickel money clips, the chains, 
the pendants, and the rings. In response to questions from 
Commissioner Stermer, he stated that he bought the eagle 
piece and the motorcycle piece separately, a mold is made, 
and a cast is made from the mold. Commissioner Rogers asked 
Mr. Gamarra if it was his own mold; Mr. Gamarra replied: 
"I buy my mold." 

Commissioner Stermer asked Mr. Gamarra if he cast the pieces 
and put in all the copyright and other marks. Mr. Gamarra 
said that he did not, that the mold for the eagle "was 
made at the shop," and that he cast the eagle. 

It was ascertained that Mr. Gamarra's not sculpting the 
original form - the eagle - and not creating his own mold 
were violations of the Commission's criterion for "cast 
jewelry." In addition, Commissioner Stermer pointed out 
that if the eagle and motorcycle pieces were copyrighted 
separately by their moldmakers, Mr. Gamarra could be in 
violation of the copyright law by putting the two copyrightec 
components together. 

With respect to Mr. Gamarra's invoices of raw materials, 
the Program Director stated that he did not doubt that Mr. 
Gamarra made his own jewelry items from the materials - 
he was, in fact, certified to sell his own fabricated metal 
jewelry - but Mr. Gamarra had been observed selling cast 
jewelry items, a craft process for which he was not 
certified, and such items appeared to be not of his own 
creation. 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 5 



Commissioner Stermer, in examining photos taken of the 
various Advisory Committee examinations of Mr. Gamarra's 
arts and crafts in prior years, commented that the jewelry 
craft for which Mr. Gamarra had received certification was 
of a high quality and could not see why Mr. Gamarra would 
want to risk losing his license by selling the cast items 
created and copyrighted by someone else. 

Mr. Gamarra showed the Commissioners silver rings of soldered 
pendants, cut-out coins, the various components of a silver 
knuckle ring, and brass, nickel, and copper money clips. 
He stated that he cut the coins, soldered and welded them, 
making them into a pendant which was not cast. Commissioner 
Rogers responded that these items were not part of the issue; 
the issue was that Mr. Gamarra had been offering for sale 
cast items he had not created. 

Mr. Gamarra proceeded to show metal money clips and stated 
that he was dismayed that they should be questioned by Mr. 
Lazar when he, Mr. Gamarra, had been making them for years. 

In response to questions from Commissioner Stermer regarding 
a cast eagle on a ring, Mr. Gamarra said he found the eagle 
and put it on a ring. With regard to this, in response 
to questions from the Commissioners, the Program Director 
stated that while Mr. Gamarra was certified to cut shapes 
from coins and to solder them onto shanks, Mr. Gamarra's 
purchasing cast pendant items and soldering them onto shanks 
was questionable because the dominant, significant aspect 
of such rings was its cast component which was not created 
by Mr. Gamarra. 

Mr. Gamarra maintained that such components were "findings" 
that he obtained from "The Showplace." 

Mr. Gamarra showed the Committee lengths of silver bands 
for the making of rings. 

Commissioner Stermer stated that the predominant aspect 

of the eagle ring was the eagle component which Mr. Gamarra 

had not made and that just by attaching it to a pre-made 

ring did not make it Mr. Gamarra's own creation. 

While Mr. Gamarra showed the Commissioners shapes of a Star 
of David and a marijuana leaf cut from metal, the Program 
Director pointed out that these were relatively flat metal 
objects that were not the same Star of David and "Pot Leaf" 
pendants that appeared contoured and inlaid with abalone 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 6 



in one of the photos taken of Mr. Gamarra ' s display. Commis- 
sioner Rogers corroborated this by saying to Mr. Gamarra 
that the Star of David and the money clips appearing in 
the photos were not the ones he was showing the Commis- 
sioners. The three Commissioners noted that the cut-out 
"Pot Leaf" or "weed plant" pendant shown to them by Mr. 
Gamarra was much thinner than the one in the photo which 
was, as Commissioner Villa put it, "embossed and raised." 

In identifying the nickel money clips in the photos, Mr. 
Gamarra stated that he cut them and that he had witnesses 
who were present to testify on his behalf. 

Street Artist Fernando Hechavarria said he worked with Mr. 
Gamarra in the same workshop and that he had seen him make 
all of his items. He went on to say that Mr. Gamarra taught 
him how to make his own items. Commissioner Rogers asked 
Mr. Hechavarria if Mr. Gamarra made everything that was 
shown in the photos of his display, to which Mr. Hechavarria 
replied "everything he made," and that he saw him do so. 
Commissioner Stermer showed Mr. Hechavarria some of the 
cast pendant objects and asked him if Mr. Gamarra had made 
them, and he replied that Mr. Gamarra had done so. 

In response to questions from the Program Director, Mr. 
Hechavarria admitted that at one time his street artist 
certificate had been revoked by the Art Commission, that 
one of the reasons for the revocation had been his 
having sold items not of his own creation, and that when 
he petitioned the Commission for a new certificate, the 
Commission voted to give him one after having received 
reports of his continuing to sell items he had not made. 
Mr. Hechavarria stated that he was presently selling only 
items he made. 

Mr. Gamarra stated that he was before the Program Committee 
because a certain artist who wanted to be the only one sell- 
ing silver was pressuring the Program Director. Commis- 
sioner Rogers said this was not relevant and that his Commit- 
tee was concerned about the products he was selling. 

Street Artist Virginia Travers stated that she had known 
Mr. Gamarra for twenty-five years, that he was "an excellent 
craftsman", and that he should be allowed to sell his own 
work while being monitored closely by the Advisory Committee 
She went on to say that there were items on Mr. Gamarra ' s 
table that "obviously manufactured by someone else"; while 
he incorporated them into his work, he did not "significant! 



• 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 7 



alter" these components. 

Street Artist Merlin Willis stated that -he had watched 
Mr. Gamarra make nickel money clips, had seen him bend 
the metal, position the coin on it, and solder the coin 
to it. He also said that Mr. Gamarra welded the eagle and 
the motorcycle together "to try to change the design." 
Mr. Willis did not feel this"* warranted a suspension of Mr. 
Gamarra ' s certificate; instead, he should receive a warning. 

Street Artist James Toolate stated that he knew Mr. Gamarra 
for twenty-seven years, worked with him in the past, and 
observed him make nickel money clips. He said Mr. Gamarra 
should have "closer scrutiny." He added that Mr. Gamarra 
should be allowed to weld manufactured items to his own 
bracelets so long as "it significantly changed the 
structure. " 

In response to questions from the Program Director, Mr. 
Toolate admitted that the Art Commission revoked his street 
artist certificate "for selling items of another street 
artist" - items not of Mr. Toolate' s own creation. 

The Program Director stated that, with respect to the photos 
showing nickel money clips, on March 5, 1998 he telephoned 
the company known as Rio Grande and spoke with Ms . Donna 
Colley, a bookkeeper, who informed him that Mr. Gamarra 
had been doing business with Rio Grande since February, 
1985, and, except for a few purchases of caboshons and 
stones, he had purchased money clips - his last order dated 
December 10, 1997 for a package of twenty 3/4" nickel clips 
and a package of six 1" nickel clips. 

Commissioner Stermer stated that he felt the placement of 
a coin onto a commercially manufactured money clip did not 
constitute an original piece of art. 

Commissioner Villa stated that some of the money clips in 
the photo looked like they were purchased, whereas some 
that Mr. Gamarra showed the Commissioners looked like they 
were handmade. 

Commissioner Rogers noted that Mr. Gamarra was not certified 
for casting, whereas there was evidence that cast items 
appeared on his display. 

Director of Cultural Affairs Newirth stated that, in cases 
similar to this one, the Program Committee had considered 



STREET ARTISTS PROGRAM COMMITTEE - August 12 , 1998 Page 8 



suspension or revocation, but with the advent of the new 
procedures adopted by the Commission a year ago, the main 
issue was to consider renewing or not renewing the 
certificate. In addition, the Committee could possibly 
approve a renewal and impose a warning and/or suspension. 

Commissioner Rogers stated that he viewed "an enormous 
variety of things" in the photos "that in no way has Mr. 
Gamarra convinced me that he has made." The Commissioner 
went on to say that some of the noted items had been cast 
and that Mr. Gamarra was not certified for casting. The 
violation, he said, warranted the Commission's standardized 
penalty of a two-month suspension of certificate. 

The Commissioners noted that Mr. Gamarra ' s certificate was 
due to expire on September 30th. 

Commissioner Stermer stated that while the items that Mr. 
Gamarra actually makes are "beautiful" and while he was 
"an accomplished silver/goldsmith", he did not cast items. 
Furthermore, the addition of a "motorcycle" component to 
an "eagle" component did not significantly alter either 
component to create a new piece; neither did placing a coin 
on a commercially made money clip do so. Agreeing with 
Commissioner Rogers, Commissioner Stermer noted that "the 
variety" of items on Mr. Gamarra ' s display took "a real 
suspension of" belief "to say" that he "made it all, because 
clearly those rings have just a manufactured look about 
them." To Mr. Gamarra, the Commissioner remarked: "Your 
best friends in the audience think you've got to be watched 
very carefully." 

Commissioner Villa stated that he felt a suspension was 
in order. 

Director of Cultural Affairs Newirth reminded the Commis- 
sioners of their option to impose a suspension prior to 
Mr. Gamarra ' s upcoming certificate expiration date which 
could also extend into its renewal. 

Commissioner Stermer moved that Mr. Gamarra be found in 
violation of the street artist ordinance for selling cast 
items not of his own creation, that issuance of renewal 
of his certificate be approved, and that his certificate 
be suspended for a period of two months commencing October 
1, 1998; the motion was seconded by Commissioner Villa. 



In response to questions from Mr. Gamarra, the Commissioners 






STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 9 



clarified that if Mr. Gamarra were to exceed the grace 
period in renewing his certificate - that is, if he were 
to let it expire on September 30th and renew it at a later 
date, he would have to pay the $20 application fee as well 
as the certificate fee and either request a screening of 
his wares or Commission approval without a screening. 

The motion was unanimously approved. 

Commissioner Rogers noted that the Committee had spent an 
hour and twenty-four minutes on the hearing. 

II HEARING AND POSSIBLE MOTION TO APPROVE PROPOSED AMENDMENTS 
TO AGREEMENT BETWEEN ART COMMISSION AND FILM AND VIDEO ARTS 
COMMISSION REGARDING USE OF STREET ARTIST SPACES BY FILM 
COMPANIES 

Program Director Lazar reported on a meeting held on July 
16th between Film and Video Arts Commission Director Robin 
Eickman, Location Manager Peter Rich of Nash Bridges Prod- 
uctions, Street Artists Debra King and Virginia Travers, 
and Program Director Lazar. The meeting had been requested 
by Nash Bridges Productions to consider amending the 1996 
agreement between the Art Commission and the Film and Video 
Arts Commission to provide for reduced rates of compensa- 
tion for certain mitigating situations where the "adverse 
impact" on street artist spaces by a film company is mini- 
mized. Such situations would include the allowance of a 
street artist to continue selling in his or her space during 
filming; the cancellation for film use of spaces previously 
posted for such use; the parking of movie vehicles without 
encroachment onto or through a street artist space; encroach- 
ing while parking but no filming. In place of the current 
flat rate of $200 per space paid to the Art Commission for 
any situation (parking, filming or non-filming) of a movie 
company's adverse impact on a street artist space, compensa- 
tion rates would vary from $200 to $125 to $100 to $90 to 
$50 depending on the situation and, in some cases, the 
location. 

Street Artists Debra King and Virginia Travers stated that 
Nash Bridges Casting Director Peter Rich had offered 
significantly less compensation for some of the mitigating 
situations but had agreed to the proposed rates after much 
negotiation. 

Street Artist Virginia Burris asked that the proposed compen- 
sation rates for spaces on Jefferson Street be the same 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 10 



as for those on Beach Street. 

The Commissioners ascertained that while Mr. Rich's company 
had been a steady compensator for street artist spaces it 
had used throughout the year, it was Nash Bridges Productions 
who appeared to be the sole film company taking the initia- 
tive to request amending the agreement. 

Commissioner Rogers expressed concern that such amendments 
might seriously complicate the compensation issue and 
increase the Program Director's workload by, among other 
things, making him an arbitrator in film company-street 
artist disputes on rates of compensation. The Commissioner 
also expressed the view that movie companies should com- 
pensate artists for impacting their spaces by the parking 
of trucks because such vehicles receive permits for parking 
far longer than non-permitted trucks. 

Commissioner Stermer expressed an inclination that street 
artists continue to be compensated at the present rate for 
all situations of adverse impact by film companies on their 
spaces. He observed that movie vehicles receive parking 
permits from a department - the Department of Parking and 
traffic - whose interests do not necessarily consider those 
of the Art Commission and the street artists. 

Commissioner Roth stated that, if the amendments were to 
be adopted, the film companies who shoot approximately 75 
to 80 commercials a year in San Francisco would find it 
burdensome to sift through a written agreement which would 
be increased in size from two pages to five pages. 

Commissioner Rogers thanked Ms. King and Ms. Travers for 
their time and effort in negotiating the issue. 

Commissioner Rogers asked that the matter be continued to 
the next Program Committee meeting and that Mr. Rich be 
requested to present his reasons for the proposed amendments 

III HEARING AND POSSIBLE MOTION TO ADOPT A LOTTERY RULE TO ALLOW 
A LOTTERY COMMITTEE MEMBER WHO RUNS A DOWNTOWN LOTTERY ON 
SATURDAY TO CHOOSE A SPACE AT THE WHARF SIGN-UP AFTER THE 
MEMBER WHO RUNS THE WHARF LOTTERY SIGNS UP AND BEFORE THE 
HELPERS SIGN UP 

The Program Director reported that the procedure for a Lot- 
tery Committee member's choosing a space had been applied 
by tradition and had not been stated as a rule; secondly, 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 11 



it was the tradition for a member to choose either a Downtown 
or a Wharf space only on days other than Saturday. Members 
of the Lottery Committee at a meeting held on July 2nd voted 
to propose a rule which would allow a Lottery member who 
runs a Downtown lottery on Saturday to choose a space at 
the Wharf sign-up after the member who runs the Wharf lottery 
signs up and before the helpers sign up. 

Street Artist Lottery Committee members Virginia Burris 
and Brian Linwell supported the proposal, stating that 
Lottery Committee members who increased their lottery duties 
during certain peak selling seasons should be entitled to 
select a space in either the Downtown or Wharf areas. Mr. 
Linwell, a "funsketcher , " also stated that it was problematic 
for Lottery members whose craft appeals exclusively to Wharf 
customers to find themselves restricted to choosing a Down- 
town space because of having to run a Downtown Lottery. 

Commissioner Rogers expressed his view that the Lottery 
Committee should be properly compensated and that he favored 
giving its members a wider choice of spaces. 

Commissioner Stermer expressed his view that the proposed 
rule would encourage more people to join the Lottery Commit- 
tee and share in its arduous duties. 

Street Artist Jimmy Sha asked that the proposal be amended 
to provide that a member who runs the Downtown Lottery on 
Saturday choose a Wharf space not only after the Wharf 
Lottery member chooses a space but also after the Wharf 
helpers choose their spaces. 

Mr. Linwell opposed this by saying that it was contrary 
to what had been voted on by the Lottery Committee and that 
traditionally it has always been the Lottery member to choose 
a space before the helpers choose. 

After discussion on possible ways of wording the rule, 
Commissioner Rogers asked that the item be continued to 
the next Program Committee meeting and that the Program 
Director submit at that time a succinct motion. 

Commissioner Rogers moved that, until adoption of the pro- 
posed rule at the next Program Committee meeting, Lottery 
members may choose a space in either the Wharf area or the 
Downtown area on any day; the motion was seconded by Commis- 
sioner Stermer and unanimously approved. 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 12 



IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar reported on the accomplishments of 
the Street Artists Program for 1997-98 which included the 
following major items: 

- Celebrated Program's 25th anniversary with closure of 
Beach Street for a street fair celebration, the Program 
receiving a resolution of commendation from the Board 
of Supervisors, and the Program Director receiving a 
proclamation from the Mayor. 

- Obtained, for the 16th consecutive year, Board of Super- 
visors approval of temporary selling spaces (59 of them) 
in the Downtown area, making for a total of 346 spaces 
throughout the city during the winter holiday season. 

- Obtained Board of Supervisors approval of permanent status 
of 10 previously temporary selling spaces in the Wharf 
area. 

- Implemented new hearing procedures which significantly 
reduced the backlog of street artist violation cases for 
prosecution: only 4 cases were prosecuted before the Pro- 
gram Committee, while 40 written warnings were sent to 
first-time violators, and 8 hearings were held by the 
Program Director acting as hearing officer. 

- Collected $4,500 in application fees for certificates 
(in addition to the certification revenue) due to an 
ordinance initiated by the Program and the Art Commis- 
sion. 

- Collected $17,000 as compensation from film production 
companies for street artists displaced from their spaces 
by filming, thanks to an agreement with the Film and Video 
Arts Commission initiated by the Program in 1996. 

- Wrote, edited and published a 250-page 5th Edition of 
the Program's handbook ("bluebook") of laws, rules, pro- 
cedures, and policies, referred to not only by the street 
artists but by other cities as a blueprint-model program. 

- Continued hiring off-duty Police officers to patrol the 
Downtown/Union Square area during the winter holiday 
season, keeping the major retail areas clear of unlic- 
ensed vendors and obstructions during critical business 



STREET ARTISTS PROGRAM COMMITTEE - August 12, 1998 Page 13 



hours and benefiting the licensed artists, store merchants 
and the public. 

Commissioner Rogers asked that a letter of appreciation 
be co-signed by the Director of Cultural Affairs and himself 
and sent to the Chief of Police and the Station Captain 
for their department's outstanding service on the street 
artist detail. " 

Commissioner Rogers also requested that a review of the 
new hearing procedures be scheduled for a Program Committee 
meeting after the new year. 

PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF PRO- 
POSALS FOR NEW SELLING SPACES 

Street Artist Virginia Burris inquired as to the status 
of the "occupancy rule", as there appeared to be a conflict 
of statements in reference to the rule in Parts I and II 
of the Program's "bluebook." Commissioner Rogers responded 
that Ms. Burris had submitted an amended version of the 
rule at a Program Committee hearing and had been told by 
the Commissioners to confer with other artists and "clean 
up" the language of her proposal before re-submitting it 
to the Committee. The Commissioner asked the Program Dir- 
ector to send Ms. Burris a copy of the Committee's minutes 
reflecting its last discussion of the item. 

Street Artist Virginia Travers informed the Committee that 
she will be proposing some additional selling spaces on 
Grant Avenue once the Program Director and she review the 
sites. Program Director Lazar stated that this will involve 
his measuring the locations for conformity with the street 
artist regulations, drawing maps of the locations, and speak- 
ing with those merchants and organizations whose stores 
would be impacted by such locations - all of this prior 
to a hearing by the Program Committee. 

There being no further business to come before the Committee, 
Commissioner Rogers adjourned the meeting at 5:38 p.m. 

Respectfully submitted: 



Howard Lazar, Director 
Street Artists Program 




programs 

ivic Art Collection 

Civic Design Review 

Community Arts 

& Education 

ruRAL Equity Grants 

Symphony Concerts 

Public Art 



SAN FRANCISCO >\RT COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday,- September 9, 1998 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



N 



DOCUMENTS DEPT 

SEP 1 1998 

SAN FRANCISCO 
PUBLIC LIBRARY 



ieet Artists Licenses Tqof-g 
Suite 70 
415.252.2581 



>mmission Gallery 

I Van Ness Avenue 

415.554.6080 



II 



: Public testimony is invited and shall be limited to three 
(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION OF TEMPORARY 
WINTER HOLIDAY SELLING SPACES FOR STREET ARTISTS IN THE 
DOWNTOWN AREA AND AT HARVEY MILK PLAZA, FOR NOVEMBER 15, 
1998 - JANUARY 15, 1999 

(The Program Director proposes the same 52 temporary selling 
spaces in the Downtown area as had been designated for 
the last six winter holiday seasons and the same 7 spaces 
at Harvey Milk Plaza as had been approved the last three 
winter holiday seasons and the winter holiday season of 
1992-93 - and for the same time period as had been approved 
for the last eight years.) 

HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATE 



Virginia Burris - Certificate # 2354. Alleged violation: 
Selling items not of the artist's own creation (commer- 
cially manufactured belt buckles not attached to certified 
belts ) . 



Ill 



IV 




Iity and County of 
San Francisco 



HEARING AND POSSIBLE MOTION TO APPROVE PROPOSED AMENDMENTS 
TO AGREEMENT BETWEEN ART COMMISSION AND FILM AND VIDEO 
ARTS COMMISSION REGARDING USE OF STREET ARTIST SPACES BY 
FILM COMPANIES (continued from 8/12/98 meeting) 

HEARING AND POSSIBLE MOTION TO ADOPT A LOTTERY RULE TO 
ALLOW A LOTTERY COMMITTEE MEMBER WHO RUNS A DOWNTOWN LOT- 
TERY ON SATURDAY TO CHOOSE A SPACE AT THE WHARF SIGN-UP 
AFTER THE MEMBER WHO RUNS THE WHARF LOTTERY SIGNS UP AND 
BEFORE THE HELPERS SIGN UP (continued from 8/12/98 meeting 

HEARING ON APPEAL OF RECOMMENDATION OF ADVISORY COMMITTEE 
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO DISAPPROVE 
ITEM; POSSIBLE MOTION TO APPROVE ITEM 



Continued, 



15 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - 9/9/98 AGENDA - Page 2 

David R. Morse and Harold F. Brennan - applicants. Appeal 
of July 30, 1998 recommendation of Advisory Committee of 
Street Artists and Craftsmen Examiners that Mr. Morse and 
Mr. Brennan not be certified to sell submitted butterfly 
and insect specimens in glass-framed boxes. 

VI REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VII PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

VIII ADJOURNMENT 

ACCESSIBILITY INFORMATION 

^Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to tlie needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the An Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible cuibside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



S F 



A C 



n 



programs 

ivic Art Collection 

Iivic Design Review 

Community Arts 

& Education 

ural Eqjjity Grants 

Symphony Concerts 

Public Art 



eet Artists Licenses 

Suite 70 

415.252.2581 



mmission Gallery 

Van Ness Avenue 

415.554.6080 



SAN 



FRANCISCO^RT COMMISSION 



^STREET ARTISTS PROGRAM COMMITTEE 



-.September 9,1998 * d6cu ^n TS DEPT. 



Art Commission Conference Room 
Suite 70 
25 Van Ness Avenue 
San Francisco, California SAN FRANCESCO 



SEP 2 4 1998 

3AN FRANCISCC 
PUBLIC LIBRARY 



^MINUTES 



Commissioners present: Emery Rogers, Rod Freebairn-Smith, 

William Meyer 

Members absent: Dugald Stermer 

Non-voting Commissioner present: Denise Roth 



Staff present: 



Director of Cultural Affairs Richard Newirth 
Director of Street Artists Program Howard Lazar 




;ity and County of 
San Francisco 



Commissioner Rogers, Chair, called the meeting to order at 3:15 
p.m. and welcomed Commissioner Denise Roth as a non-voting ob- 
server of the meeting. 

I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION OF TEMPORARY 
WINTER HOLIDAY SELLING SPACES FOR STREET ARTISTS IN THE 
DOWNTOWN AREA AND AT HARVEY MILK PLAZA, FOR NOVEMBER 15, 
1998 - JANUARY 15, 1999 

Program Director Lazar proposed the same 52 temporary sell- 
ing spaces in the Downtown area as had been designated 
for the previous 6 winter holiday seasons and the same 

7 spaces at Harvey Milk Plaza as had been approved for 
the previous 3 winter holiday seasons and the season of 
1992-93, as well as for the same time period (November 
15th - January 15th) as had been approved for the previous 

8 years. 

The Program Director reported that the agenda listing these 
details was sent to 34 San Francisco store merchants and 
building owner associations, 27 of whom were in the Down- 
town-Union Square area. One of these responded: Ms. Linda 
Mjellem, Executive Director of the Union Square Association 

The Commissioners read Ms. Mjellem' s letter which stated 
that her organization supported the proposal, expected 
"the street artists to comply with all relevant regula- 
tions," and "opposed ... any expansion of the program at 
this time." 



>5 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 2 



Commissioner Rogers acknowledged that Ms. Mjellem had proven 
herself, in this and other matters, to be a good friend 
of the Street Artists Program. The Program Director stated 
that Ms. Mjellem has maintained an open door of communica- 
tion in issues dealing with the Program and the Downtown- 
Union Square area. 

No member of the public spoke on the proposal. 

Commissioner Freebairn-Smith moved to approve the proposal 
by the Program Director for Board of Supervisors designa- 
tion of temporary winter holiday selling spaces for street 
artists in the Downtown area and at Harvey milk Plaza for 
November 15, 1998 - January 15, 1999; the motion was 
seconded by Commissioner Meyer and unanimously approved. 

II HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATE 

Virginia Burris - Certificate # 2354. 

Commissioner Rogers postponed the item to the next month's 
meeting of the Program Committee. 

III HEARING AND POSSIBLE MOTION TO APPROVE PROPOSED AMENDMENTS 
TO AGREEMENT BETWEEN ART COMMISSION AND FILM AND VIDEO 
ARTS COMMISSION REGARDING USE OF STREET ARTIST SPACES BY 
FILM COMPANIES (continued from August 12, 1998 meeting) 

At the last Program Committee meeting, Commissioner Rogers 
had asked that the item be continued to the next meeting 
and that Mr. Peter Rich of NASH BRIDGES PRODUCTIONS be 
requested to present his reasons for the proposed amend- 
ments. 

Program Director Lazar summarized the provisions of the 
present (199 6) agreement and the provisions of the pro- 
posed amendments which had been negotiated by Peter Rich, 
Executive Director Robin Eickman of the Film and Video 
Arts Commission, Street Artists Debra King and Virginia 
Travers, and Howard Lazar. 

On behalf of Peter Rich, Mr. Daniel Kemp, Location Coor- 
dinator, NASH BRIDGES PRODUCTIONS, stated that his com- 
pany's main contention was that its vehicles should be 
allowed to park on the public street next to street artist 
spaces without having to pay (to the Art Commission) "egre- 
gious" sums of money, often amounting to $1,800 - $2,000 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 3 



per block, far more than was normally budgeted for parking 
its trucks and other vehicles. He cited an experience 
of the previous season whereby his company parked a few 
vehicles on Jefferson Street while filming was being done 
inside Cobbs Comedy Club, and the street artists ran a 
lottery to receive $1,800 in compensation for use of their 
spaces by his company for only a few hours of the evening. 
On top of having to pay filming and other fees to the City, 
this was "the last straw." It prompted Peter Rich to meet 
with Robin Eickman et al, and a compromise-proposal was 
developed to provide for reduced fees to the Art Commis- 
sion for parking only. 

Street Artist Virginia Travers, one of the negotiators, 
stated that she still had a problem with the parking issue, 
but the proposal was the only solution they could achieve 
at this time. Her main interest was to see the retention 
of the present provision for any artist prevented from 
working in a street artist space to receive $200 compensa- 
tion. She further stated that some street artists, "fun- 
sketchers," on Jefferson Street will work as late as 
midnight, and they should be compensated by any movie 
company who parks next to their displays. 

Mr. Kemp stated that, as a San Francisco native, he too 
wished to make a living. He added that often production 
personnel in Los Angeles point to the various fees levied 
in San Francisco for filmmakers and say that "'San Francisco 
is much more expensive to shoot in than Los Angeles ... we 
shouldn't send people to San Francisco.'" Many Bay Area 
film industry people like himself appreciated the street 
artists' desire to make a living and therefore supported 
the Street Arists Program under the current agreement of 
compensation; but the agreement needed some amending. 

Street Artist Virginia Burris asked how much Mr. Kemp's 
company paid to San Francisco in daily fees for filming. 

Mr. Kemp stated that it was $300 a day. He went on to 
say that the full economic impact to the Bay Area by film- 
making was $20 million per season, as well as once a week 
25 million Americans "see" San Francisco on TV. 

Refuting Mr. Kemp's "economic impact" statement, Ms. Travers 
stated that, as a member of the Screen Actors Guild, she 
was aware that the casting agent of NASH BRIDGES PRODUCTIONS 
had been contacted several times for not employing their 
share of local union extras. 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 4 



Commissioner Meyer acknowledged the efforts of the 
individuals involved in the negotiation of complex issues; 
since an agreement had been reached, he did not feel it 
was appropriate for the Program Committee to re-examine 
it. He said he would be comfortable supporting the con- 
clusions reached in the negotiation. 

Commissioner Freebairn-Smith stated that he came from a 
film and video family in Los Angeles; he represented the 
Telegraph Hill residents to the film industry; and he did 
not have any sympathy for the "majors" in this issue. "We 
build their sets," he said; "our blocks are on the order 
of twenty-four million dollars apiece: a residential block 
in San Francisco costs that much money to construct"; the 
film company can light it or film it any way it wants - 
"the deepest set" a film company "could possibly be given; 
it's an enormous gift to the film industry." 

The Commissioner went on to say that he had much concern, 
as an Arts Commissioner, that the Commission support inde- 
pendent filmmaking students and non-profit filmmakers in 
a way that is not the same as the basic commercial enter- 
prise known as the film industry - "one of the biggest 
buck industries in the state of California," he said. "Film 
crews hemorrhage money while they're shooting; they have 
enormous budgets." He cited the features made regularly 
in his neighborhood that have budgets of $50 million or 
higher. In contrast, "the street artists live in an en- 
tirely different world," and his sentiment was with the 
street artists. He did not want to burden the Commission 
with a complicated agreement to administer. 

The Commissioner stressed that "our gift to the film 
industry is an incredibly beautiful city which makes it 
a remarkable place to shoot." In working here, film crews, 
he said, are disruptive; even the city Police they hire 
refuse to restrain the film crews, when asked, because 
they are under their employ. "The money that is so often 
reported as boosting the San Francisco economy largely 
goes to the financiers, the bankers, and the lenders of 
the film industry which is largely in New York and Los 
Angeles." The economic return to the city "isn't that 
significant ... there's a lot of baloney in the numbers 
that are delivered to San Franciscans about how much the 
film industry is contributing." 

Commissioner Freebairn-Smith expressed the view that film 
companies should operate out of locations where their trucks 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 5 



can be grouped, as the at the waterfront. While this would 
increase the production costs by having to shuttle the 
crews and actors to the shooting site, the residents of 
San Francisco would not be disturbed, and streets would 
not have to be closed. Recently, he said, he was told 
by a film crew to "walk more quietly"; he responded that 
he was just walking through a block for which the film 
company had paid a mere $300, an insignificant amount, 
he said, for the company. The crew then cleared the block 
of traffic, and people wanting to go to work could not 
go through. In summing up, he reiterated that his sym- 
pathy was "not at all with the film companies - a major 
lucrative commercial enterprise" which could afford to 
compensate the street artists. He urged that any film 
company which disturbs the artists from making a living 
be asked to pay "a decent compensation for the day." 

Commissioner Rogers acknowledged the film company's interesl 
in fairness and desire to adjust the compensation. However, 
the Commissioner was "most concerned with the complicated 
nature" of the proposed agreement - its tiers of fees - 
and the burdens it would place on staff. He felt the 
situation was simple: if an artist is disrupted or 
blocked by a truck, the artist should receive $200. If 
the artist also finds another space in which to do business, 
this was only "entrepreneurial." The Commissioner said 
he could support a proposal of two different fees, which 
could easily be adjudicated, but he could not support the 
present proposal of five fees. 

Commissioner Roth questioned the reason for the provision 
for a $125 fee to a street artist who is not allowed to 
sell but would stand in the background, as this should 
be a matter solely between the film company and the artist 
and should not involve the Art Commission. 

Program Director Lazar responded that the reason for this 
was that the space the artist would be occupying is 
administered by the Art Commission. 

Commissioner Freebairn-Smith stated that assistant directors 
on most location filming carry cash for the purpose of 
"buying off problems"; the Commissioner himself received 
payment of $200 for allowing a generator of a film company 
to be left in his driveway. 

Commissioner Roth expressed the view that the proposed 
agreement should have fewer compensation rates. 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 6 



Commissioner Rogers called for a motion on the item. No 
motion was made. 

Commissioner Meyer stated that filmmaking was a vital part 
of San Francisco's economy; it gives "incredible advertis- 
ing; it costs us very little." The benefits to everyone, 
including street artists, were indirect but significant. 
He, for one, supported Mr. Kemp's presence at the meeting 
"wholeheartedly." The Commissioner went on to say that 
he wanted San Francisco to remain a competitive city and 
did not want to see the city lose its competitiveness be- 
cause of "excessive and outlandish charges compared to 
what other cities are charging." He felt there was a pos- 
sibility that San Francisco could lose its opportunities 
to Vancouver, a city of "equal beauty" whose charges to 
filmmakers may be significantly lower than San Francisco's. 
This should be considered in future discussions on modifying 
the street artist compensation rates. 

Commissioner Freebairn-Smith stated that he bore no 
animosity to the film industry, and that he shared Commis- 
sioner Meyer's view that San Francisco remain the center 
of the film industry for northern California. Filming and 
recording in Vancouver were done, he said, not because 
of these issues but because of the larger issues of tax 
benefits . 

Commissioner Rogers thanked everyone who participated in 
the negotiations of the proposed agreement. He said he 
would consider a future proposal which would be in a more 
simplified form. He clarified that the agreement of 1996 
was still active. He encouraged Commissioner Roth to 
participate in any future discussions on a simplified pro- 
posal. 

IV HEARING AND POSSIBLE MOTION TO ADOPT A LOTTERY RULE TO 

ALLOW A LOTTERY COMMITTEE MEMBER WHO RUNS A DOWNTOWN LOTTERY 
ON SATURDAY TO CHOOSE A SPACE AT THE WHARF SIGN-UP AFTER 
THE MEMBER WHO RUNS THE WHARF LOTTERY SIGNS UP AND BEFORE 
THE HELPERS SIGN UP (continued from August 12, 1998 meeting) 

The Program Director referred the Commissioners to a FAXed 
letter the Program received that morning from Street Artist 
Therese Roller which opposed "any piece-meal changes to the 
lottery or Program without a full understanding of the 
system and what kind of effect this will have." Ms. Koller 
was not in attendance. 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 7 



The Program Director referred the Commissioners to a draft 
of wording of the proposed rule by Street Artists Virginia 
Burris and Brian Linwell who had attended the last Program 
Committee hearing on this issue. The Program Director 
also submitted a copy of the Burris-Linwell draft with 
his own provisions added to it, after having discussed 
the proposal with the Program's founding member Bill Clark 
and other artists. 

Street Artist Virginia Burris stated that she agreed with 
the Program Director's added provisions and offered some 
amendments to his wording and a further provision. Ms. 
Burris acknowledged that the essence of the proposed pro- 
cedures was already stated on pages 220-21 of the Program's 
"bluebook" of rules and regulations; but it needed to 
be stated explicitly, and that was the purpose of the 
proposed language. 

Commissioner Rogers stated that at the previous month's 
meeting the Program Committee understood the intent of 
the proposed rule; the Committee had gotten frustrated 
in attempting to draft the proper language and had asked 
that the matter be continued to the current meeting for 
adoption of precise wording. 

Lottery Committee Member Cheryl Chen informed the Commis- 
sioners that some Lottery members have to trade days of 
conducting lotteries with other members due to unforeseen 
circumstances, and that one member may run lotteries on 
two consecutive days. 

Ms. Burris stated that recently there was one Lottery 
member who received many lotteries from other members 
to run - three or four days in a row - which has angered 
other members and other street artists. While it did 
not apply to members, there was a rule that applied to 
helpers, prohibiting them from running more than two 
lotteries in a row in a the same lottery period. The 
rule was written, she said, to prevent people from run- 
ning too many lotteries which would be unfair. 

Street Artist Robert Siu stated that such complaint is 
aired only during summer because of competition reasons. 
He endorsed the proposal, as it would deter the trading 
of lottery days among members. 

Commissioner Rogers thanked Ms. Burris and Mr. Linwell 
for their efforts on the issue. 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 8 



Commissioner Freebairn-Smith moved adoption of the language 
of the proposed lottery rule relating to a Lottery Commit- 
tee member's choice of a sales space; the motion was 
seconded by Commissioner Meyer and unanimously approved. 
The approved wording of the rule was as follows: 

LOTTERY COMMITTEE MEMBER'S CHOICE OF SALES SPACE 
AS COMPENSATION FOR CONDUCTING LOTTERY : The Lot- 
tery Committee member may choose a sales space in 
either the Wharf or Downtown Lottery as compensa- 
tion for running aforesaid lotteries any day of the 
week including Saturdays. If the member decides 
not to take a space in the lottery he or she was 
designated to run, the member may select a space in 
the opposite lottery, it being Downtown or Wharf, 
depending on which one the member was designated to 
run. Upon choosing to select the opposite lottery 
as compensation, the member may sign up after the 
designated Committee member and before the helpers. 

On the first or second day of a lottery period, 
if a Committee member running a lottery chooses a 
space in the opposite lotterized area, the member 
may choose a space in that same area for the remain- 
ing days available in that lotterized period only by 
obtaining a number in the mini (secondary) lottery 
(the member may not choose a space in that area by 
obtaining a number in the main lottery). This pro- 
cedure also applies to all days of the winter holiday 
season when two members run the lotteries each day. 
The only exception to the above procedure is a Lottery 
Committee member who runs the main lottery and chooses 
the opposite lottery in which to sign up for a space 
on the third day of a three-day lottery period; in 
this case, the member may enter the opposite main lot- 
tery and use his or her number on the first or second 
day as well as be assigned a space on the third day 
of the three-day period. 

HEARING ON APPEAL OF RECOMMENDATION OF ADVISORY COMMITTEE 
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS TO DISAPPROVE 
ITEM; POSSIBLE MOTION TO APPROVE ITEM 

David R. Morse and Harold F. Brennan - applicants. Appeal 
of July 30, 1998 recommendation of Advisory Committee 
of Street Artists and Craftsmen Examiners that Mr. Morse 
and Mr. Brennan not be certified to sell submitted butter- 
fly and insect specimens in glass-framed boxes. 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 9 



Program Director Lazar stated that he had informed the 
appellants that the Program Committee would be asked to 
determine whether their craft meets the ordinance's defin- 
ition of "Handcrafted Item" which is "an item predominantly 
created or significantly altered in form by the street 
artist." The appellants were requested to bring finished 
and unfinished samples of their items they wished to sell. 

Mr. Lazar explained that the Advisory Committee had not 
denied that a good deal of work had gone into the preser- 
vation and mounting of butterflies, spiders, and other 
insects; but the Advisory Committee could not see how the 
insects had "changed" or had been "significantly altered 
... visually" by the applicants. The mere mounting of 
insects in glass-framed boxes did not fit within the purview 
of the Program. The Program Director added that the 
Advisory Committee might have accepted the pieces had 
they been diorama creations incorporating the insects as 
components atop an artist-created terrain or against an 
artist-created backdrop. 

The Commissioners examined photographs taken of the work 
at the Advisory Committee examination. 

Applicant Harold F. Brennan referred the Commissioners to 
the printed discussion on "All About Butterfly Farming" 
published by The Butterfly Farm S. A. which had been mailed 
to them. Mr. Brennan stated that, for his screening by 
the Advisory Committee, he had not understood the rules: 
he thought that he would be quizzed on his "ability to 
do the art, not on the art itself." He submitted "speci- 
mens" of his work, and stated that he used "insects and 
butterflies as a means of expression." 

Commissioner Rogers examined and ascertained that a box- 
framed tree branch, running diagonally, with insects 
positioned on it was typical of the finished items Mr. 
Brennan wished to sell. The Advisory Committee had not 
seen this finished product; the Advisory Committee had 
viewed the components - the insects - mounted and framed 
under glass. Mr. Brennan stated that it had been his error 
and not the Advisory Committee's. 

With respect to what he intended to sell, Mr. Brennan stated 
that some of the items will have butterflies in the fore- 
ground, some will have them in the background, while some 
will have butterflies in various shapes and sizes positioned 
as "a cloud." 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 10 



In response to a question by Commissioner Meyer, Mr'. Brennan 
stated that he did not intend to sell simply an insect 
mounted in a box. 

In response to a question by Commissioner Rogers, Mr. 
Brennan stated that he had not enhanced the butterflies 1 
colors . 

Mr. Brennan described a "conservation" project in Papua, 
New Guinea "dedicated to preserving these animals forever" 
by a process called "conservation through commercializa- 
tion" which gives "the indigenous people an incentive 
to save the forest and not to farm anything else . . . they 
have a financial reason to keep this land intact, which 
also helps other animals." Mr. Brennan said his insects 
come from Papua, New Guinea; Indonesia; and Peru. Some 
of the insects, he said, are wild; but the majority of 
the ones he sells are "government mandates" that are 
"ranched": specific plants are planted to nourish the 
animals; this system has "kept the forest ... intact." 

Commissioner Meyer stated that if the artist makes a comp- 
osition with the raw materials, then the artist is meeting 
the mandate of the Street Artists Program; so long as he 
creates a composition with the insect, rather than merely 
displaying it, he is creating an art work; and the Commis- 
sioner would support a motion to approve it. 

Commissioner Freebairn-Smith stated that current in today's 
invertebrate world is that old fashioned museum collections 
of "speared insects" are not politically correct; there 
is a big movement to stop this practice. However, there 
is a major butterfly museum underway in San Francisco with 
policies that are being developed governing the display 
of insects, all of which will be alive. The Commissioner 
questioned whether the Art Commission would be vulnerable 
to criticism for allowing the sale of worldwide endangered 
species. 

Mr. Brennan responded that The Nature Conservancy published 
a June article entitled "Butterfly Ranching" which featured 
a story of a single mother and her sons ending their poach- 
ing in an orangutan preserve and becoming butterfly 
ranchers. Mr. Brennan went on to say that he himself 
would not consider selling an insect that is "threatened." 
He said he was contributing to the creation of an industry 
which gives the indigenous people a financial incentive 
to preserve their forest. 



STREET ARTISTS PROGRAM COMMITTEE - September 9, 1998 Page 11 



Commissioner Freebairn-Smith stated that the fact that 
one of the compositions showed insects mounted "on a 
twig" was "almost irrelevant" and that the Commission might 
be more concerned with ascertaining whether the endeavor 
was an arts enterprise or "an insect sales program." 

Commissioner Meyer asserted that the position of the twig 
and the relationship of the insects described the item's 
composition and qualified it for certification. 

Program Director Lazar reminded the Commissioners of an 
earlier "borderline" case in which they had been reluctant 
to approve an applicant's decoupaged cigar boxes unless 
there was a sufficient demonstration of collage of images 
in the decoupaging. 

Commissioner Rogers stated that he felt Mr. Brennan's 
items were "beautiful" and that he could envision them 
being displayed on a table and being bought because of 
the "simple beauty of the composition." It was sufficient 
for the insects to be arranged on a twig and placed in 
a box for the work to qualify for certification. 

Commissioner Meyer moved that the framed compositions of 
butterflies and insects by David R. Morse and Harold F. 
Brennan be approved; the motion was seconded by Commis- 
sioner Rogers and unanimously approved. 

Commissioner Freebairn-Smith wanted it recorded that his 
was a "cautionary vote." 

VI PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 

Street Artist Virginia Burris asked that two items be 
scheduled for the Committee's November agenda for possible 
approval of extended time period of their validity: the 
Amendment of Occupancy Rule / and the Amendment of Lottery 
Rule V to provide for elimination of election of Lottery 
Committee members . Commissioner Rogers asked the Program 
Director to schedule the items for November. 



The meeting adjourned at 4:45 p.m. 



Respectfully submitted: 

Howard Lazcfr 

Street Artists Program Director 






S F 



A C 



SAN FRANCISCO ART COMMISSION 



) 



SF 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

ltural Equity Grants 

> Symphony Concerts 

Public Art 



/o 



l»hi 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, ^October 14, 1998 
3:00 p.m. 
Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



DOC! IMENTS DEPT. 

OCT n g 1998 

SAN FRANCIS* 

PUBLIC LIBRARY 



.A 



N 



rREET Artists Licenses 

Suite 70 

415.252.2581 



Commission Gallery 

II Van Ness Avenue 

415.554.6080 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

I HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION FOR SIX MONTHS 
OF FIVE SELLING SPACES ON GRANT AVENUE, EAST SIDE, POST 

TO SUTTER STREETS, AND ONE SELLING SPACE ON GRANT AVENUE, 
WEST SIDE, POST TO SUTTER STREETS, FOR STREET ARTISTS 

II HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATE 

Virginia Burris - Certificate # 2354. Alleged violation: 
Selling items not of the artist's own creation (commer- 
cially manufactured belt buckles not attached to certified 
belts), (hearing rescheduled from September 9, 1998 meeting) 

III HEARING AND POSSIBLE MOTION TO APPROVE CERTIFICATION OF 
ART/CRAFT ITEM (referred back to Committee by full Art 
Commission, 10/5/98) 

David R. Morse and Harold F. Brennan - applicants. Request 
for certification of framed compositions of butterflies 
and insects. 




City and County of 
San Francisco 



IV HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 
RECOMMENDATION OF DENIAL OF CERTIFICATE 

Victor Hsu - expired certificate § 5200. Alleged violation: 
Selling in a location not deignated by Board of Supervisors 
(Ord. 41-83, Section 2405(b) ) ; reported by Police citation 
following issuance of previous "NOTICE OF WARNING". 



REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VI PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



) 



STREET ARTISTS PROGRAM COMMITTEE - 10/14/98 AGENDA Page 2 



PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

VII ADJOURNMENT 



ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to tlie needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



)5\ 



S F 



A C 



SAN FRANCISCO ART COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



pr>ri iMPNTS DEPT. 

OCT 2 7 7998 



PuduC LIBRARY 



programs 

Zivic Art Collection 

Civic Design Review 

Community Arts 

& Education 

ltural Equity Grants 

i Symphony Concerts 

Public Art 



^October 14, 1998 

Art Commission Conference Room, Suite 70 

25 Van Ness Avenue 

San Francisco, California 



M 



" 



N U 



Commissioners present: 



rREET Artists Licenses 
Suite 70 

415.252.2581 commi s s ioner s absent: 



Rod Freebairn-Smith, Steve Ishii, Denise 
Roth, Dugald Stermer 

Emery Rogers 



ommission gallery Staff present: 

il Van Ness Avenue 
415.554.6080 



Director of Cultural Affairs Richard Newirth 
Director of Street Artists Program Howard Lazar 
Certification Clerk Antoinette Worthy 
Deputy City Attorney Adine Varah 

Commissioner Stermer chaired the meeting and called it to order 
at 3:06 p.m. The Commissioner introduced Commissioners Ishii 
and Roth as new members and welcomed them to the Committee. 




City and County of 
San Francisco 



HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR BOARD OF SUPERVISORS DESIGNATION FOR SIX MONTHS 
OF FIVE SELLING SPACES ON GRANT AVENUE, EAST SIDE, POST 
TO SUTTER STREETS, AND ONE SELLING SPACE ON GRANT AVENUE, 
WEST SIDE, POST TO SUTTER STREETS, FOR STREET ARTISTS 

Program Director Lazar referred to a map he drafted of the 
existing and the proposed spaces on Grant Avenue, Post to 
Sutter Streets, and explained that he worked with Street 
Artist Virginia Travers, who had initially requested the 
Program Committee for more spaces on Grant Avenue, in 
ascertaining room for six new spaces which would meet all 
the public safety regulations of the street artist 
ordinance. In attempting to contact the managers or owners 
of the various businesses adjacent to the proposed spaces, 
the Program Director reported that the manager of The Coach 
Store did not object to the proposed space by his store; 
the President of Shreve ' s did not object to the proposed 
space by his store on condition that the street artists 
refrain from parking their vehicles all day by the store 
and that they also maintain the required ten-foot 
pedestrian passageway between their displays and the store; 
and the manager of Banana Republic said he would consider 
two, not four additional spaces by his store, as four more 
spaces (added to the existing two) would give the sidewalk 
a "cluttered" appearance and provide less room for customers, 

The Program Director was proposing the spaces for a six- 
month period to replace six prime spaces on Stockton Street, 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 2 



at Post Street, which could not be used by the artists until 
next summer due to construction of the adjacent Levi Strauss 
flagship store. 

Street Artist Virginia Travers stated that the artists had 
lost many spaces due to construction in the Union Square 
area and that the proposed spaces would be appreciated 
especially for the upcoming winter holiday in order to 
replace the "lost" spaces on Stockton Street. She further 
stated that the artists had an amiable working relation- 
ship with the employees of Banana Republic and received 
compliments on their work from the employees. 

Street Artist Sharon MacDougall stated that the artists 
needed the proposed spaces to replace the six on Stockton 
Street. 

Street Artist Matt Summers stated that he sells by Banana 
Republic and has never had any problems with the store's 
employees. He further stated that the particular sidewalk 
in question had a vast amount of available space, and that 
the presence of four new spaces, rather than two, would 
enhance the viability of all four. 

In response to questions from Commissioners Freebairn-Smith 

and Stermer, Ms. Travers said she has never had anyone from 

Banana Republic inform her that the artists were blocking 
traffic or adversely impacting the store. 

In response to questions from Commissioner Stermer, Director 
of Cultural Affairs Newirth clarified that it would be pos- 
sible to submit the full proposal of six spaces to the Board 
of Supervisors, that the Program Director could alert the 
Board of a possible objection by Banana Republic to four 
spaces, and that the Board could decide to reduce the number. 

Commissioner Freebairn-Smith commented that he visited the 
proposed sites and that the block was known to be the sixth 
or seventh highest retail sales-per-square-f oot block in 
the world; while the location gives the street artists an 
extraordinary advantage for selling, the Commissioner wanted 
to maintain a diplomatic relationship with the stores 
and urged the Commission to be fair. 

Commissioner Freebairn-Smith moved that the proposal by 
the Program Director be approved for Board of Supervisors 
designation for six months of five selling spaces on Grant 
Avenue, east side, Post to Sutter Streets, and one selling 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 3 



space on Grant Avenue, west side, Post to Sutter Streets, 
for street artists; the motion was seconded by Commissioner 
Roth and unanimously approved. 

II HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 

HEARING AND POSSIBLE MOTION TO SUSPEND OR REVOKE CERTIFICATE 

Virginia Burris - Certificate § 2354. Alleged violation: 
Selling items not of the artist's own creation (commercially 
manufactured belt buckles not attached to certified belts), 
(hearing rescheduled from September 9, 1998 meeting) 

Program Director Lazar stated that he received two complaints 
about Ms. Burris, one regarding an alleged incident of April 
21st and the other regarding an alleged incident of June 
16th which was later clarified to be June 17th. Each inci- 
dent occurred on Jefferson Street and each was described 
in a letter alleging that Ms. Burris had sold a com- 
mercially manufactured buckle, not attached to any 
certified belt, to a customer. Mr. Lazar also stated that, 
prior to the incidents, Ms. Burris in 1996 and 1997 received 
written warnings from the Program Director to cease 
displaying commercially manufactured buckles not attached 
to her certified belts, based on separate reports of observa- 
tion by the Advisory Committee of Street Artists and Crafts- 
men Examiners. 

The Program Director further stated that he had not received 
any verifiable evidence - for example, photo of the incident 
or actual objects in question - with the written complaints; 
nor had the Program staff observed the incidents. 

Commissioner Stermer consented to the request of Attorney 
Laura Woodward, representing Ms. Burris, for each plaintiff 
to give testimony singly and not in the presence of the 
other plaintiffs. The plaintiffs were asked to leave the 
room, and each was called one at a time. 

Ms. Woodward stated that, in reference to the warnings her 
client had received, the warnings pertained to her client's 
display of buckles attached to strips of leather and did 
not pertain to selling buckles separate from belts. (Further 
along in the proceeding, Mr. Lazar clarified, however, that 
the Art Commission traditionally held that the "display" of 
an object was synonymous with its "sale", as the street 
artist ordinance used the phrase "sell, offer for sale, 
expose for sale, or solicit offers to purchase.") 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 4 



Relative to the incident of April 21st, the first plaintiff, 
Street Artist Zhong Chen, stated that he saw Virginia Burris 
sell a buckle to two customers. Ms. Burris was in space 
"J-1" and he, Mr. Chen, was in space "J-lA". 

Cross-examining, Ms. Woodward ascertained from Mr. Chen 
that he could not see what kind of buckle Ms. Burris alleged- 
ly sold, whether it was made by her or commercially manufac- 
tured, that it was sold to a lady customer, that the time 
of day was two or three o'clock, and the other street artists 
who were near Ms. Burris were Joseph Kober and Robert Siu. 

The second plaintiff, Street Artist Joseph Kober, stated 
that on the day in question he had come from the veterans 
hospital to meet Robert Siu for lunch. An elderly couple 
approached Mr. Siu to purchase a belt buckle; he informed 
them he could not sell a buckle without selling a belt with 
it. The couple walked away to Ms. Burris 's table, whereupon 
Ms. Burris went to "her little display table where she has 
the buckles in the back of her regular display", took one 
and put it in a small bag and gave it to them; as they 
walked away, she turned around and smiled at Kober and Siu 
and put the money in her pouch. He added that this was not 
the first such incident. 

In response to questions by the Program Director, Mr. Kober 
stated that he saw Ms. Burris take money for the buckle, 
that he was standing by space "J-2" and was therefore a 
distance of 25' to 30' from Ms. Burris. 

Cross-examining, Ms. Woodward ascertained from Mr. Kober 
that he did not feel he waited so long in filing the com- 
plaint (June 2nd) regarding the incident (April 21st); he 
did not see the buckle from where he was standing; the 
buckles she has displayed have not been made by her; the 
male customer was 5' 6" - 5 '7", the female was an inch or 
two shorter; the incident occurred in the afternoon; he 
himself has been in the Street Artists Program for four 
years and sells his own handmade buckles and belts as well 
as Native-American jewelry and has never had a complaint 
brought against him; he was not a friend of Ms. Burris 
because, he said, she was "a racist." 

The third plaintiff, Street Artist Robert Siu, stated that 
he has been in the Program since 1992, and that on April 
21st Ms. Burris was set up in space "J-1", Zhong Chen was 
in "J-lA", and he, Mr. Siu, was in "J-l-B". A couple came 
to his table to inquire about buying a buckle by itself; 



STREET ARTISTS PROGRAM COMMITTEE - October 14 , 1998 Page 5 



he explained to them the policy which prohibits such sale. 
They went directly to Ms. Burris's small table where she 
kept buckles; there was no measurement taken for belts; 
the couple stayed for four or five minutes; all the while 
Ms. Burr is had her back to Mr. Siu and Mr. Kober. 

In response to questions by Commissioner Stermer, Mr. Siu 
stated that, while it looked like a transaction occurred, 
he could not actually see what passed from Ms. Burris's 
hand to her customer's, that he couldn't see properly from 
his distance, nor could he see any money exchanged. 

In response to questions by Commissioner Roth, Mr. Siu 
stated that he saw the customers leave with a brown bag. 

Ms. Woodward chose to not cross-examine. 

In response to Ms. Woodward's questions, Ms. Burris stated 
that she has been in the Street Artists Program for nineteen 
years and licensed to sell leather products which included 
leather buckles and belts and also licensed to sell 
fabricated metal buckles. (She showed the Commissioners 
samples of her leather belts, her own leather designs 
inserted in commercially manufactured brass buckle frames, 
and her own fabricated metal buckles. The Commissioners 
compared these items with those shown in the Program's file 
of her works' examinations, and acknowledged their 
similarity.) Ms. Burris stated that, while she is licensed 
to sell the buckles she makes, she does not sell buckles 
she does not make. 

Cross-examining, the Program Director ascertained from Ms. 
Burris that she did not remember the alleged customers but 
that if she had sold them a buckle, it would have been one 
she made herself. Another type of small item of hers which 
she could have sold them would be a leather hair barrette. 

Street Artist Sharon MacDougall stated that she had seen 
Ms. Burris's handmade buckles on her table. 

Commissioner Freebairn-Smith stated that there was no 
certainty of the type of transaction that had occurred; 
it appeared to be a simple accusation from a group who 
believed that Ms. Burris broke a rule. 

Commissioner Ishii stated that there did not appear to be 
sufficient concrete evidence to warrant a finding of 
violation. 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 6 



Commissioner Stermer stated that due to the inability of 
the witnesses to describe what actually changed hands - 
a barrette, a handmade buckle, or a commercial buckle - 
he could see no foundation to warrant a suspension or a 
warning; furthermore, there was an absence of other evi- 
dence in the way of a photo of the incident or the trans- 
acted object itself. 

Commissioner Freebairn-Smith moved to dismiss the charge 
relative to the alleged incident of April 21st due to a 
lack of preponderance of evidence; the motion was seconded 
by Commissioner Roth and unanimously approved. 

With regard to the alleged incident of June 17th, the 
plaintiff, Street Artist Robert Siu, stated that a former 
customer of his approached him to buy a commercially man- 
ufactured buckle from him, whereupon he explained to the 
customer the policy prohibiting him from doing so. The 
customer was looking for a western-style buckle with a 
truck motif and went to the area where Ms. Burris was set 
up. He returned to Ms. Siu with a buckle showing a Mack 
truck and the words "Keep on Trucking" and asked Mr. Siu 
to attach it to a belt the customer had with his name and 
telephone number imprinted on its back. Mr. Siu obliged 
him and, before doing so, showed the buckle to Street Art- 
ist Mario Hernandez. Mr. Siu's complaint included the 
customer's name and telephone number. 

Program Director Lazar verified that he telephoned the number 
and left a voice-mail message for the customer; the Program 
received no response. 

In response to questions by Commissioner Stermer, Mr. Siu 
stated that he observed that the customer did not go beyond 
Ms. Burris' s table, and that when he returned with the item 
to Mr. Siu, the item was not in any bag from a store. 

In response to questions by the Program Director, Street 
Artist Mario Hernandez stated that Mr. Siu showed him 
the previously described buckle. 

Cross-examining, Ms. Woodward ascertained from Mr. Siu 
that the customer was a thin middle-aged man and that 
Mr. Siu later verified that the man had not gone to any 
nearby store to purchase the buckle because he, Mr. 
Siu, inquired at the stores. 

Commissioner Stermer commented that an issue was whether 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 7 



the customer should be believed: why did the customer tell 
Mr. Siu that he bought the buckle at a store when he hadn't 
done so? Mr. Siu responded that the customer did not have 
a bag, and the type of buckle he had was from an outlet, 
S. H. Frank Co., where it could be obtained by Ms. Burris. 

In response to further cross-examination by Ms. Woodward, 
Mr. Siu stated that he chose to wait to file his complaint 
as a "follow-up" to the previously reported incident; that 
he was neither friendly with nor against Ms. Burris; that 
he did not consider her his competitor. 

In response to questions by her attorney, Ms. Burris stated 
that she had never displayed nor sold the "Keep on Trucking" 
buckle. 

In response to a question by Commissioner Roth, Mr. Siu 
stated that the customer was with Ms. Burris for about four 
or five minutes, and that the customer did not go beyond 
her table. 

Commissioner Freebairn-Smith commented that he could not 
see any evidence on which to base taking action on Ms. Bur- 
ris 's certificate. 

In response to a question by Commissioner Roth, Program 
Director Lazar clarified the nature and background of each 
of the written warnings that had been sent to Ms. Burris, 
including the responses received from Ms. Burris as well 
as the Advisory Committee Chair's written clarification/ 
retort to Ms. Burris 's response. 

Commissioner Stermer commented that he was not persuaded 
that the only issue at hand was the alleged sale of com- 
mercially produced products, and that he hoped differences 
would be resolved between the artists. At the same time, 
as with the previously considered incident, the Commissioner 
could not verify any evidence of violation beyond a presump- 
tion of what may have occurred based on what the witness 
saw. 

Commissioner Roth moved to dismiss the charge relative to 
the alleged incident of June 17th due to a lack of pre- 
ponderance of evidence; the motion was seconded by Commis- 
sioner Ishii and unanimously approved. 

Commissioner Freebairn-Smith stated that it was "logical 
to perceive that these are not friendly colleagues making 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 8 



their living together . . . but observing what the other is 
doing." Out of respect for the artists who demonstrated 
concern for the sales activities in the Program, the Commis- 
sioner urged that "an ethical bearing be made" on such 
activities. 

Street Artist Joseph Kober addressed Ms. Burris that "we 
expect to see" her "buckles on belts" and was admonished 
by Commissioner Stermer for making a threat. 

Ill HEARING AND POSSIBLE MOTION TO APPROVE CERTIFICATION OF 

ART/CRAFT ITEM (referred back to Committee by full Art Com- 
mission on October 5, 1998) 

David R. Morse and Harold F. Brennan - applicants. Request 
for certification of framed compositions of butterflies 
and insects. 

Applicant Harold F. Brennan stated that applicant David 

R. Morse withdrew himself from the request for certification. 

Program Director Lazar reiterated the City Attorney's Octobe] 
5th clarification (discussed at the previous full Art Commis- 
sion meeting) that, while the "Commissioners and members 
of the public are not prohibited from discussing public 
policy objections to the sale of certain art or craft items", 
the Art Commission "under the Street Artist Ordinance . . . 
lacks the authority to deny a Street Artist Certificate 
based on public policy objections to materials used in a 
particular art or craft item" unless "the use of a material 
in the handcrafted art or craft items offered for sale is 
unlawful under federal, state or local laws or regulations." 
The Commission, therefore, in considering whether to certify 
an item, is restricted to ascertaining whether the item 
meets the Street Artist Ordinance's definition of "Hand- 
crafted item": "an item predominantly created or significant- 
ly altered in form by the street artist." 

After the full Art Commission's decision to refer the requesl 
back to the Program Committee, the Program Director reminded 
the applicants in writing that the Commission voted to 
require them to submit at least one dozen finished samples 
of the items they wished to sell in order for the Program 
Committee to determine whether the work qualified under 
the definition of "Handcrafted Item". 

The Commissioners viewed a display of Mr. Brennan 's finished 
items. In response to a question by the Program Director, 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 9 



Mr. Brennan affirmed that he would sell on the street the 
same calibre of compositional work as that which was 
submitted. He went on to state that "the animal in question" 
was a sacred symbol, first, to the Greeks, then to the 
Christians and the Buddhists. He felt the problem was 
that he should have initially introduced himself to the 
street artists and explained to them what he wanted to sell. 
He said that the Nature Conservancy and the World Wildlife 
Fund supported what he was doing. 

Mr. Brennan submitted a letter on his behalf from Joseph 
Gaul of Gaul Searson Limited, a gallery working with Mr. 
Brennan. He also presented an National Geographic article 
on New Guinea people who farm butterflies. 

As the Commissioners viewed each of his framed compositions, 
Mr. Brennan described the significance of each. Several 
compositions contained butterflies not permanently attached 
or fixed in the composition. 

In response to questions by Commissioner Stermer, Mr. Brennan 
stated that the retail price range of the samples was $20 
to $150. He said he has sold pieces up to $1,000 and has 
also sold some items at cost in order to attract attention. 
He said he assembled and finished the boxes, and that the 
cardboard cartons came with them. 

Commissioner Stermer observed some beetles that had been 
encrusted with glass jewels; in this case, there was altera- 
tion of the form of the components. 

Mr. Brennan said he wanted the Commissioners to tell him 
which of his items he could sell, and that he did not care 
what they were "as long as I get to sell ... to get the 
message out." 

Mr. Brennan showed sketches where he positioned the beetles. 
He described how he would "temporarily" position the insects 
with a hot-glue gun so that he could add or subtract insects 
as per the request of the gallery. He described how he 
opened the wings of butterflies with pins in order to display 
them, and that the butterflies came folded in packages. 
He said he took much time in spraying the display glass 
to make it clean. As a cost-saving measure, he placed his 
orders with another buyer in importing the insects. He 
said he did not sell endangered animals, and that his "point" 
was that "these animals should not become extinct." 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 10 



He showed a butterfly of San Mateo that became extinct, 
he said, when the paving a parking lot eliminated the butter- 
fly's food source. 

Commissioner Roth noted that in one framed composition a 
butterfly was not attached and could get broken; Mr. Brennan 
replied that it was a mistake which he had intended to 
correct. 

For one composition of a butterfly suspended above a minia- 
ture replica of a human skull, Mr. Brennan stated that he 
purchased the skull. 

Commissioner Stermer asked the street artists in attendance 
what the price range was for items sold on the street; the 
answer he received was that it generally ranged from $5 
to $100, the norm being from $10 to $50. 

Mr. Brennan continued to describe his process; in unfolding 
the wings of the packaged butterflies, he said, "I re-animate 
them. ... I'm trying to reflect nature much like, you know, 
somebody else that didn't alter nature but captured nature 
at its best." 






Commissioner Stermer stated that he had different information 
relative to some of the specifics mentioned by Mr. Brennan. 
With respect to Mr. Brennan ' s statement that he had the 
support of the Nature Conservancy and other environmental 
groups and the edition of the National Geographic which, 
the Commissioner said, was "not in the forefront of the 
environmental" movement, there were letters received by 
the Art Commission from other environmental groups who differ 
in their opinion from Mr. Brennan ' s views. The Commissioner 
noted that there was no one present at the meeting who had 
made a study of the product line. He cautioned his fellow 
Commissioners that Mr. Brennan 's statements of having 
environmental group support should not be taken "as a blanket 
endorsement of killing bugs for profit." While "Third World 
countries need to do what they do to survive," there was 
a "big school of thought that says we don't have to help 
them." These issues aside, the Commissioner reminded his 
colleagues that the issue which required attention was 
whether Mr. Brennan 's work met with the provisions of the 
street artist ordinance. 

In response, Mr. Brennan stated that the bristles in brushes 
which artists use come from animals, that some of the paints 
come from insects and animals, and that what he was trying 



STREET ARTISTS PROGRAM COMMITTEE - October 14 , 1998 Page 11 



to do "creates a passion in people ... I'm not in it just 
for profit. ... I'm trying to raise awareness of what's 
happening to things around us." 

In response to questions by Commissioner Stermer, Program 
Director Lazar stated that the Advisory Committee of Street 
Artists and Craftsmen Examiners, which initially reviewed 
the work, did not see any compositional samples but saw 
what appeared to be framed butterfly and insect collections; 
the Advisory Committee did not see either any alteration 
to the butterflies and insects nor any placement of them 
in a compositional sense. The Advisory Committee had 
acknowledged the efforts that had gone into pinning the 
insects and framing them but did not feel that the items 
fit the ordinance because there was no predominant creation 
nor significant alteration of the items. 

In response to a request from Commissioner Stermer for clar- 
ification, Deputy City Attorney Varah referred to her written 
clarification of October 5th and stated that the Art Commis- 
sion lacked the authority to deny a street artist certificate 
based on public policy objections to materials used in a 
particular art or craft item. "Public policy objections," she 
said, referred to "objections based on perceived social, 
moral or environmental harms associated with the use of 
a material in, or the methods in which a material is ob- 
tained, harvested, produced or prepared for use in, an 
art or craft item where such uses or methods are not illegal 
under federal, state or local laws or regulations." 
The core issue to consider was whether the art or craft 
item fulfilled the street artist ordinance's definition 
of "Handcrafted Item". 

Mr. Brennan stated that his compositions could be compared 
to many items the Commission had allowed - for example, 
store-bought beads that are not altered but are re-assembled; 
or a strip of leather with embellishment added to it. He 
affirmed that he was taking raw materials and "painting 
... with beetles and bugs, making a different bug than 
originally existed." 

Speaking on behalf of Mr. Brennan, Mr. Fernando Echales 
stated that if the butterflies were altered, the essence 
of the butterfly would be lost. 

In opposition, Street Artist Matt Summers stated that there 
would be no way of verifying that the butterflies used in 
Mr. Brennan 's work were raised on farms, and that he did 



STREET ARTISTS PROGRAM COMMITTEE - October 14 , 1998 Page 12 



not think the Art Commission wanted to have a reputation 
of depleting the environment. 

In support of Mr. Brennan, Mr. Walter Rosenthal asked the 
Commissioners to follow the City Attorney's advice and 
decide whether the materials were being used in compositional 
format; if the Commission were to deny Mr. Brennan, it should 
re-examine its decisions to allow leather, dried flowers, or 
anything that is used in a composition. He asked that the 
Commissioners set aside the environmental issues. 

Commissioner Stermer responded that it was not the Commis- 
sioners but Mr. Brennan who raised the environmental issue. 

Street Artist Virginia Travers stated that she discovered 
a company called "Butterfly Creations" in Foster City that 
sold, she said, "suspiciously similar items" in craft fairs. 
She asked that Mr. Brennan produce receipts attesting to 
where he purchased the butterflies, the glass frames, and 
other items, in order to verify that he was not purchasing 
from "Butterfly Creations." She asked that, if his items 
were approved, Mr. Brennan be closely monitored on the 
street to verify that his items met the criteria. 

Commissioner Roth ascertained that Mr. Brennan had submitted 
eleven samples of framed items. 

Street Artist Virginia Burris stated that Mr. Brennan 's 
samples reminded her of the pendant/beadcraf t issue whereby 
a commercially manufactured pendant is not allowed in a 
beadcraft item unless it is significantly altered by the 
artist or is an integral part of, or subordinate to, the 
design of the beadcraft item. 

The Program Director, echoing Ms. Burris 's statement, posed 
the question of whether a box-framed display of commercially 
manufactured pendants, or any objects not made by the artist, 
would be allowed under the definition of "Handcrafted Item." 
He felt that a determination would have to be made on whether 
the artist's compositional usage of such items outweighed the 
predominant focal items (pendants or butterflies) and their 
package (the glass frame) that were not created or signif- 
icantly altered by the artist. 

Street Artist Gary King stated that the alteration done 
by Mr. Brennan was in his opening of the butterflies' wings, 
that his compositions were "beautiful", and that he went 
to a lot of work to make them. 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 13 



Commissioner Freebairn-Smith, addressing Mr. Brennan ' s state- 
ments of wanting to promote public awareness, commented 
that he had not found in any of the nature or conservation 
groups of which he belonged any support for the butterfly/ 
insect/farming/art item, although the forthcoming butterfly 
museum of San Francisco informed him that "it isn't neces- 
sarily all bad" when the butterflies are guaranteed a 
harvesting from a conservation farm. However, his Commis- 
sion was not charged with deciding such an issue. In con- 
sidering Mr. Brennan' s items with respect to the provisions 
of the street artist ordinance, the Commissioner stated 
that the butterflies were "exquisitely beautiful without 
giving" Mr. Brennan "any credit whatsoever" for he "had 
nothing to do with that." The Commissioner went on to say 
that he was not persuaded that Mr. Brennan "was doing any- 
thing that meets the definition" (of "Hancrafted Item"). 
He stressed that he was persuaded now, whereas he was not 
initially, to follow the Advisory Committee's view that 
the work did not qualify under the ordinance. 

Commissioner Roth stated that the compositional aspect 
of Mr. Brennan 's work needed to carry the weight in the 
Committee's determination. Mr. Brennan, she said, did not 
make the butterfly; nor did he make the box - he assembled 
it. The Program Director's most recent letter to Mr. Bren- 
nan reiterated the directive given him by the full Commis- 
sion: bring at least one dozen finished samples to the Pro- 
gram Committee; Mr. Brennan submitted eleven, then submitted 
a twelfth. The Commissioner further noted that the little 
skull replica was merely purchased and not altered by Mr. 
Brennan; and that "most of" the butterflies "had very little 
alterations other than bringing them out of" their packaged 
shapes. "As far as significant alterations," the Commis- 
sioner stated that "very few" of Mr. Brennan 's submitted 
items represented "significant alterations" and "a lot of 
them have little." 

Commissioner Ishii stated that he had to put aside the issues 
of concerns about butterflies and had to consider what was 
composed or put together for selling. He assessed "some 
degree to alter" the components - for example, he was not 
certain that only the frame or only the butterfly on the 
stick could be sold, whereas they could as "a piece", a 
framed picture or a table piece. He said he saw "it as 
an altered piece" and, in terms of the ordinance's defin- 
ition, a significantly altered piece. 

Commissioner Ishii moved that Harold F. Brennan be approved 



STREET ARTISTS PROGRAM COMMITTEE - October. 14, 1998 Page 14 



for certification of framed compositions of butterflies 
and insects; the motion was seconded by Commissioner Roth. 
The vote was as follows: Ishii - for. Freebairn-Smith, 
Roth, Stermer - against. 

IV HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING ON POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 
RECOMMENDATION OF DENIAL OF CERTIFICATE 

Victor Hsu - expired certificate § 5200. Alleged violation: 
Selling in a location not designated by Board of Supervisors 
(Ord. 41-83, Section 2405(b) ); reported by Police citation 
following Program issuance of "NOTICE OF WARNING". 

Mr. Hsu was not present. The Program Director reviewed 
the history of Police citations issued to Mr. Hsu on May 
24, May 26, June 10, 1997 and April 4, 1998; the Program 
Director's "NOTICE OF WARNING" issued to him on June 18, 
1997 and "NOTICE OF INTENT TO RECOMMEND DENIAL OF CERTIFICATE 
OR RENEWAL" issued to him on April 27, 1998. 

It was noted that Mr. Hsu's certificate had expired. 

Commissioner Roth moved that, upon his submittal of applica- 
tion for a new certificate, the Program Committee hear and 
consider a motion to approve re-certification of Victor 
Hsu; the motion was seconded by Commissioner Ishii and unan- 
imously approved. 

V PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF PRO- 
POSALS FOR NEW SELLING SPACES 

Street Artist Virginia Travers informed the Commissioners 
that, when she was in Honolulu, she sent the Mayor's Office 
of Arts and Culture her copy of the Art Commission's "blue- 
book", Street Artists Program , and that consideration was 
being given to establishing a street artists program for 
Waikiki . 



Recently-certified Street Artist Gary King submitted a 
written complaint regarding enforcement of the street artist 
regulations. He cited problems, particularly at Hallidie 
Plaza, where the artists refused to display their certif- 
icates or produce them upon request; where some of the 
artists were selling items they did not make; and where 
there were unlicensed vendors. Mr. King went on to say 






STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 15 



that not only did the artists refuse to show him their cert- 
ificates but he was harrassed by them and by the unlicensed 
vendors for asking. In another location, Grant Avenue, 
he was told by the artists that they would oblige such a 
request from the Art Commission staff or the Police but 
not from anyone else. 

Mr. King said there were "twelve unlicensed artists" selling 
at Hallidie Plaza. In response to a question by Commissioner 
Stermer, he stated that "they were unlicensed because they 
refused to show" him "their ID cards." The Commissioner 
stated that it did not necessarily mean they were not 
licensed. 

Mr. King went on to describe the problem of unlicensed 
vendors selling jewelry items that he himself was not al- 
lowed to sell and were taking business away from him. 

Another problem he cited was the inability to determine 
whether a space was available for him to occupy if it was 
already occupied by a vendor who may be unlicensed but re- 
fused to produce a license. Some artists told him they 
had been selling for eighteen years and did not have to 
show their certificates to him. Many artists, he said, 
who did have certificates protested when he tried to photo- 
graph their displays. 

Program Director Lazar stated that, with respect to the 
unlicensed vendors at Hallidie Plaza, he had written to 
the Captain of Southern Station to increase police monitor- 
ing of the area. The Street Artists Program did not have 
the funds to hire off-duty Police officers year round. 

Commissioner Stermer asked that the issue of making it a 
staff priority to check for certificates be calendared on 
the next agenda of the Program Committee. The Commissioner 
thanked Mr. King for raising these issues but commented 
that if he, Commissioner Stermer, were a street artist for 
fifteen years and was asked by someone who had just been 
licensed to show his license, "I might catch an attitude 
too." 

Mr. King stated that, by becoming a street artist, he was 
"buying into a market" and expected everyone to follow the 
rules, as he was attempting to do so. 

Commissioner Freebairn-Smith stated that he was appreciative 
of receiving the information, that "we would have loved 



STREET ARTISTS PROGRAM COMMITTEE - October 14, 1998 Page 16 



to have created a level playing field for everyone, by the 
book, where everyone is competing on the same ground, but 
it's a very imperfect world out there." 

Commissioner Stermer stated he wished there were enough 
Police to make the Street Artists Program a priority, "but 
frankly, where I live, I'd rather have them on my block 
than down there worrying about permits." The Program did 
not have the funds to hire off-duty Police year round, other 
than for winter and summer selling seasons. 

Commissioner Stermer adjourned the meeting at 6:05 p.m. 

Respectfully submitted: 




Howard Lazar 

Street Artists Program Director 







FRANCISCO ART COMMISSION 



^STREET 



ARTISTS PROGRAM COMMITTEE 



programs 

Zivic Art Collection 

Civic Design Review 

Community Arts 

& Education 

turai Equity Grants 

Symphony Concerts 

Public Art 



reet Artists Licenses 

Suite 70 

415.252 2581 



ommission Gallery 

1 Van Ness Avenue 

415.554 6080 



NOTE: Change of 
meeting date 



Monday ,, November 9, 1998 
^3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



DOCUMENTS DEPT. 

NOV 5 1998 

SAN F c : 

PUBLIC LiBRARY 



,A G E N D A 

Note: Public testimony is invited and shall 
(3) minutes per person. No member of 
shall cross-examine another member of 



be limited 
the public 
the public 



to 
or 

or 



three 

witness 

witness 



unless approved by the Program Committee. 



HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO TO APPROVE ISSUANCE OF CERTIFICATE 
OR RENEWAL OF CERTIFICATE 



Fernando Hechavarria - Certificate # 4642. Alleged viola- 
tion: Offering for sale items not of the artists own 
creation (commercially manufactured silver rings). 

II HEARING AND POSSIBLE MOTION TO APPROVE EXTENDED TIME PERIODS 
FOR LOTTERY RULE AMENDMENTS 

A. Amendment of Occupancy Rule (approved by full Art Commis- 
sion on May 1, 1995; eliminates provision for a "marked" 
(assigned) space to remain vacant until the assigned 
artist uses it, and provides for a lottery to be held 
after the Noon Lottery to distribute vacant assigned 
spaces among non-assigned artists who may occupy such 
spaces until such time as they are occupied by the as- 
signed artists). 

B. Amendment of Lottery Rule V (approved by full Art Commis- 
sion on December 4, 1995; eliminates election of Lottery 
Committee members and for selection of members by lot). 

III HEARING AND POSSIBLE MOTION TO APPROVE AS PRIORITY ENFORCE- 
MENT STAFF VERIFICATION OF CERTIFICATES IN STREET ARTIST 
SELLING AREAS 




City and County of 
J j San Francisco 



IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

V PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - November 9, 1998 Agenda 

Page 2 



VII ADJOURNMENT 



ACCESSIBILITY INFORMATION 

*Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to ttie needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbs ide parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 






»l 



S F 



A C 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

iltural Equity Grants 

S Symthony Concerts 

Public Art 



treet Artists Licenses 

Suite 70 

415.252.2581 



Commission Gallery 

31 Van Ness Avenue 

415.554.6080 



SAN FRANCISCO ART COMMISSION 

SF 



* 



NOV 1 9 1998 






NOTICE 



There will be no meeting of the ^STREET ARTISTS PROGRAM 
COMMITTEE for December, 1998. 

The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, January 13, 1999, 3:00 p.m. in Art 

Commission Conference Room, Suite 70, 25 Van Ness Avenue, San 
Francisco. 



Street Artists Program 
November 18. 1998 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



v 



S F 



A C 



SAN FRANCISCO/RT COMMISSION 



SF 

(\no.i5 



STREET ARTISTS PROGRAM COMMITTEE DOCUMENTS DEPT. 



Z//3, 



programs 

Civic Art Collection 

Civic Design Review 

Community Arts 

& Education 

ltural Equity Grants 

S Symphony Concerts 

Public Art 



treet Artists Licenses Note 
Suite 70 
415.252.2581 



Commission Gallery 

31 Van Ness Avenue 

415.554.6080 



II 



Wednesday, ^January 13, 1999 
3:*0O p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

2 5 Van Ness Avenue 
San Francisco, California 



JAN 1 9 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 






N 



: Public testimony is invited and shall be limited to three 
(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO TO APPROVE ISSUANCE OF CERTIFICATE 
OR RENEWAL OF CERTIFICATE (rescheduled from 11/9/98) 

Fernando Hechavarria - Certificate # 4642 (expired 
12/11/98). Alleged violation: Offering for sale items 
not of the artist's own creation (commercially manufactured 
silver rings ) . 

HEARING AND POSSIBLE MOTION TO APPROVE PROPOSED AMENDMENTS 
TO AGREEMENT BETWEEN ART COMMISSION AND FILM AND VIDEO 
ARTS COMMISSION REGARDING USE OF STREET ARTIST SPACES BY 
FILM COMPANIES 



III 



IV 







Cm and County of 
San Francisco 



HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
FOR TEMPORARY SELLING SPACES TO REPLACE TEMPORARY LOSS 
OF SPACES ON HYDE STREET, EAST SIDE, BEACH TO JEFFERSON 
STREETS, DUE TO RENOVATION OF WHARFSIDE BUILDING 

(A one-year period of construction, commencing June of 
1999, is scheduled for the interior conversion of the Wharf- 
side Building to a hotel, restaurant, and historical mari- 
time exhibit space.) 

REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

ADJOURNMENT 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 4 15.252.25^0 fax 415.252.25^ 



ACCESSIBILITY INFORMATION 

*Pursuant to Citxj policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside paricing has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains-stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals. with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



DOCUMENTS DEPT, 



S F 



A C 



Richard Newirth 

or of Cultural Affairs 



£AN FRANCISCO ^KT COMMISSION 

^STREET ARTISTS PROGRAM COMMITTEE 



JAN 2 6 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 



V?7 



^January 13, 1999 

Art Commission Conference Room, Suite 70 

2 5 Van Ness Avenue 

San Francisco, California 



,M 



N U 



Programs 

Civic Design Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

ultural Equity Grants 
Suite 60 

Civic Art Collection 

treet Artists Licenses 

Suite 70 

Commission Gallery 

01 Van Ness Avenue 

415.554.6080 



Commissioners present: Emery Rogers, Steve Ishii, Denise Roth, 

Dugald Stermer 



Commissioners absent: 



Staff present: 



Rod Freebairn-Smith 



'thecity.sfsu.edu/sfac/ 
sfac@thecity.sfsu.edu 



Director of Cultural Affairs Richard Newirth 
Street Artists Program Director Howard Lazar 
Certification Clerk Antoinette Worthy 
Deputy City Attorney Adine Varah 

Commissioner Rogers, Chair, called the meeting to order at 3:05 
p.m. 

HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE 
AND POSSIBLE MOTION TO APPROVE ISSUANCE OF CERTIFICATE 
OR RENEWAL OF CERTIFICATE (rescheduled from 11/9/98) 

Fernando Hechavarria - Certificate § 4642 (expired 
12/11/98). Alleged violation: Offering for sale items 
not of the artist's own creation (commercially manufactured 
silver rings ) . 



Program Director Lazar repor 
Certification Clerk Worthy a 
and observed that Mr. Hechav 
trays containing a total of 
tured rings, each imprinted 
word "Mexico". Both Ms. Wor 
rings; photos were taken, in 
hand holding up one of the r 
the photos as evidence to th 



ted that on August 21, 1998 
nd he visited Hallidie Plaza 
arria was displaying three 
seventeen commercially manufac- 
on the inside of its band the 
thy and Mr. Lazar counted the 
eluding a photo of Ms. Worthy's 
ings. (Mr. Lazar submitted 
e Commissioners.) 




City and County 
of San Francisco 



In examining documents relating to Mr. Hechavarria ' s history 
in the Street Artists Program, the Commissioners observed 
that in 1992 the Art Commission revoked his certificate 
based on several findings, one of which was Mr. Hechavar- 
ria 's having sold jewelry items not of his own creation. 
He later reapplied for a new certificate, and in 1994 the 
Commission heard evidence of incidents in which Mr. Hecha- 
varria continued to sell items not of his own creation. 
Nevertheless, the Commission voted to approve his request 
for a new certificate and, in so doing, strongly warned 
him that if he violated any provision of the street artist 



an Ness Avenue, Suite 240 San Francisco. CA 94102 Phomp (a\^\ i^i.i^an 



r. 



I a t c\ -t r ~> ->rnc 



STREET ARTISTS PROGRAM COMMITTEE - January 13, 1999 Page 2 



ordinance in the future, it would be grounds for a final 
revocation of his certificate. Mr. Hechavarria and his 
supporting character witnesses at his hearing responded 
to the Commissioners that they understood the warning; 
the Commissioners asked the witnesses to remind him of 
it. The Commissioners also directed the Program Director 
to remind him of his and his supporters' acknowledgment 
of the warning by stating this in a letter to him; the 
letter was sent to him on September 7, 1994. 

Upon his re-admittance to the Program and a subsequent 
visit to his home by the screening committee to verify 
that he made his own rings, Mr. Hechavarria was approved 
to sell a specific style of fabricated metal ring. Many 
hours were spent by the screening committee with him mak- 
ing it clear to him what he would be allowed to sell and 
what he would not be allowed to sell. 

Now, four years later, according to the Program Director, 
Mr. Hechavarria was observed once again selling items not 
of his own creation - one of the most serious violations 
of the street artist ordinance. 

Program Director Lazar clarified that, as Mr. Hechavarria ' s 
certificate had expired on December 11, 1998, he had no 
certificate to revoke; instead, the Commissioners were 
being requested to consider whether, in view of the current 
evidence presented, he should be issued a new certificate. 

Mr. Hechavarria was present. Speaking on his behalf was 
Attorney Paul L. Garofalo who told the Commissioners that 
his client and he did not deny that there were rings "on 
that tray" that should not have been displayed. Asking 
for possible lenience, Mr. Garofalo explained that his 
client's past history had made him "very much into staying 
by the book ... the ordinance" and that the recent incident 
was "a slip up ... a careless mistake". He went on to 
say that his client was an artist supporting two children 
and realized the value of being able to earn a living from 
selling his work on the street. His client was also 
"sponsored by San Francisco State's La Raza chapter, and 
he sells on that campus"; and that on August 21st the 
Mexican rings that his client could sell on the campus 
remained on his "trays of rings" when he set up at Hallidie 
Plaza. "He forgot to pull them out," although he was "more 
than adequately aware" of the strictness of the terms of 
selling a product. 



STREET ARTISTS PROGRAM COMMITTEE - January 13 , 1999 Page 3 



Mr. Garofalo submitted packages of rings which he said 
his client had made and were "not all that entirely dif- 
ferent from the rings that say 'Mexico 1 . 11 He went on to 
say that his client did not know he had the "Mexico" rings 
on display, and that "if somebody had come up and said 
'May I buy this ring - How much is it? 1 he would have said 
'Oh wait a minute, you can't buy that; that can't sell 
here, that was an accident that it's on my tray 1 ." 

Mr. Garofalo stated that his client was willing to make 
whatever amends were necessary and was "very aware of how 
serious" the violation was. Mr. Garofalo asked that the 
Commissioners forgive his client or give a penalty appro- 
priate to the mitigating circumstances. 

Commissioner Rogers verified that the Program Director 
had not seen Mr. Hechavarria selling since the expiration 
of his certificate on December 11th. 

In response to a question by Commissioner Stermer, the 
Program Director stated that the rings submitted by Mr. 
Garofalo looked like the type which the screening commit- 
tee had allowed Mr. Hechavarria to sell. 

The Program Director read from his inspection duty logbook 
that on August 21st Ms. Worthy and he arrived at Hallidie 
Plaza at noon, observed two unlicensed vendors at 12:20 
and 12:40, telephoned the Police twice, and approached 
Mr. Hechavarria ' s display at 12:50. During all this time, 
Mr. Hechavarria was at his display; in fact, according 
to the logbook, he was set up only three spaces away from 
the space being occupied by one of the illegal vendors with 
whom the Program Director was conversing and therefore 
Mr. Hechavarria was fully aware of staff presence. 

The Program Director, in referring to the photographs, 
described how the three trays of illegal rings were prom- 
inently displayed at the front of Mr. Hechavarria ' s 
display, before the rest of his merchandise. 

Ms. Worthy told the Commissioners that on August 21st 
the Program Director and she counted the questionable 
rings and found that each was stamped "Mexico" on the 
inside. In one of the submitted photos, she identified 
her hand holding one such ring. She further stated that 
the Program Director and she were at Hallidie Plaza for 
"at least and hour waiting for the Police to come" before 
approaching Mr. Hechavarria ' s display. 



STREET ARTISTS PROGRAM COMMITTEE - January 13, 1999 Page 4 



In cross-examining Ms. Worthy, Mr. Garofalo made a point 
that if his client had been aware that the unauthorized 
rings were on his display, he would have removed them im- 
mediately upon seeing the Art Commission staff. 

In response to questions by Commissioner Roth, Ms. Worthy 
stated that all seventeen rings were not on one but three 
trays . 

Commissioner Rogers stated that Mr. Hechavarria ' s his- 
tory in the Program showed two previous incidents of his 
selling items fabricated by someone else. It was clear 
that he had received the necessary warnings. While the 
Commissioner was "loathe to take somebody's license be- 
cause ... it affects their ability to make a living, ... 
in this particular case I have to say that this is really 
egregious." The Commissioner was willing to consider taking 
action other than a permanent denial of certification, 
but there should be a minimum of six months before the 
Commission received an application from Mr. Hechavarria, 
subject to review at that time by the Program Committee. 

Commissioner Stermer agreed and stated that Commissioner 
Rogers' "offer was a generous one under the circumstances." 
He went on to say that he did not believe that, after 
several warnings and knowing of "the primary restriction" 
(against an artist's selling an item not of his own 
creation), Mr. Hechavarria simply forgot and left the 
illegal rings on his display. Because of this, the Commis- 
sioner was not inclined to re-certify him at this time 
and had no objection to hearing a plea for re-certification 
in six months or so. 

Commissioner Stermer moved that Mr. Hechavarria be found 
in violation for offering for sale items not of the artist ' 
own creation; the motion was seconded by Commissioner Roth 
and unanimously approved. 

Commissioner Rogers moved that an application by Mr. Hecha- 
varria for a new certificate be not considered until July, 
1999 or later; the motion was seconded by Commissioner 
Ishii and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO APPROVE PROPOSED AMENDMENTS 
TO AGREEMENT BETWEEN ART COMMISSION AND FILM AND VIDEO 
ARTS COMMISSION REGARDING USE OF STREET ARTIST SPACES BY 
FILM COMPANIES 






STREET ARTISTS PROGRAM COMMITTEE - January 13, 1999 Page 5 



The Commissioners reviewed the draft by Deputy City Attorney 
Varah of the proposed amendments reflecting a two-tiered 
compensation system proposed by Commissioner Rogers in 
his November 12, 1998 letter to Mayor Brown. According 
to the draft, a film company would be obliged to pay to 
the Street Artists Program a fee of $200 a day for each 
space required by the film company to remain vacant or 
to be encroached upon; but if the film company merely 
parked its vehicles in the street adjacent to a street 
artist space "without physical presence in, encroachment 
onto or access through" the space, the film company would 
have to pay $50 a day for each space with the exception 
of such spaces on Beach Street (Hyde to Larkin Streets) 
where the fee would be $90. 

The Commissioners noted, in the draft, the additions of 
the following significant provisions: film companies 
entering into a use agreement with the Film Commission 
would be required "as a condition of the use agreement" 
to "obtain the prior consent of the Street Artists Program 
Director . . . for each designated street artist space used 
or adversely affected by filming . . . " ; the Street Artists 
Program Director could "not unreasonably withhold the con- 
sent . . . from a film company wishing to use designated 
street artist spaces ..." and the Executive Director of 
the Film Commission and the Street Artists Program Director 
would "have the authority to resolve disputes ...in a manner 
consistent with the spirit and intent of" the agreement 
and would "work cooperatively to ensure that the film com- 
panies and the street artists comply with the terms of 
this agreement." 

Commissioner Rogers called for public comment on the item. 
No one from the audience offered any comment. 

Commissioner Roth stated that the new draft simplified 
the compensation for the two types of major impact by a 
film company on a street artist space. 

In response to questions from the Commissioners, the Program 
Director stated that he had sent a copy of the draft with 
the meeting's agenda to Peter Rich of NASH BRIDGES PRODUC- 
TIONS, Carole Isaacs of the Film Commission, and Hala Hijazi 
of the Mayor's Office. 

Commissioner Rogers commented that he was pleased that 
the draft met no opposition. He commended Ms. Hijazi for 
her help in the matter. 



STREET ARTISTS PROGRAM COMMITTEE - January 13, 1999 Page 6 



Commissioner Stermer moved to approve the City Attorney's 
draft incorporating proposed amendments to the agreement 
between the Art Commission and the Film and Video Arts 
Commission regarding use of street artist spaces by film 
companies; the motion was seconded by Commissioner Roth 
and unanimously approved. 

Commissioner Rogers thanked Deputy City Attorney Varah 
for her work on the draft. 

Program Director Lazar asked Ms. Hijazi to again request 
Peter Rich of NASH BRIDGES to honor the previous agreement 
and compensate the Street Artists Program with $3,600 for 
adversely impacting street artists spaces in March, 1998. 
The Program Director reported that he was still receiving 
inquiries from those artists waiting for their compen- 
sation. Ms. Hijazi said she would talk to Mr. Rich 
about the money. 

Ill HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
FOR TEMPORARY SELLING SPACES TO REPLACE TEMPORARY LOSS 
OF SPACES ON HYDE STREET, EAST SIDE, BEACH TO JEFFERSON 
STREETS, DUE TO RENOVATION OF WHARFSIDE BUILDING 

Program Director Lazar reported on his conversation with 
Tom LaTour, President of Kimpton Group, who will commence 
in June a one-year period of construction for the interior 
conversion of the Wharfside Building to a hotel, restaurant, 
and historic maritime exhibit space. The Wharfside Building 
is surrounded by 32 legally designated street artist spaces 
most of which were granted by the Board of Supervisors 
in the early 1970s: 21 spaces on Hyde Street, 6 spaces 
on Jefferson Street, and 5 spaces on Beach Street. Accord- 
ing to Mr. LaTour, during the one-year construction period 
the Hyde Street sidewalk will be closed, while the Jefferson 
Street sidewalk will be somewhat affected and the Beach 
Street sidewalk least affected. 

The Program Director stated that while minimally impacted 
spaces on Jefferson and Beach streets could be shifted 
eastward during the construction period, the spaces on 
Hyde street would have to be relocated elsewhere. For- 
tunately, upon completion of the renovation, all the spaces 
will be able to return to their designated locations, as 
the Wharfside Building is a national historic site whose 
exterior cannot be altered with new doorways (which would 
have the effect of eliminating spaces). 



STREET ARTISTS PROGRAM COMMITTEE - January 13, 1999 Page 7 



The Program Director stated that 10 of the 21 spaces on 
Hyde Street could be relocated to the opposite sidewalk 
of the street (the west sidewalk); though the sidewalk 
is narrower than the east sidewalk, and there is a line 
of tourists mounting the steps to the cable car plaza, 
the presence on the sidewalk of the JCDeCaux kiosk and 
various street musicians with electronic equipment do not 
seem to hinder pedestrian safety. Should street artist 
spaces be relocated to that sidewalk, the Board of Super- 
visors would have to be requested to exempt the spaces 
from the 10-f oot-pedestrian-passageway regulation. 

Street Artist Mark Kasek stated that he had investigated 
the North Beach area and had suggested to the Program Dir- 
ector that there was room for some street artist spaces 
on Green Street, north side, at Columbus; Union Street, 
north side, Columbus to Stockton (adjacent to Washington 
Square); and Stockton Street, west side, at Green. 

Street Artist Gloria Kasek supported the Program Director's 
idea to relocate 10 of the Hyde Street spaces to the west 
sidewalk of Hyde Street and supported Mark Kasek' s 
suggestion of Stockton and Green streets as a street artist 
area. 

With respect to the possibility of spaces on Union Street 
adjacent to Washington Square, the Program Director stated 
that he had viewed the site and found that there is a 
bus zone running the entire length of the curb; but, because 
the width of the sidewalk is more than average, there 
could be room for 5 spaces fronting the park, commencing 
near the Stockton Street corner, which would leave 10 feet 
of pedestrian passageway from the front of the artists' 
displays to the curb. Furthermore, another 5 spaces could 
be created between the bus shelter and the JCDeCaux toilet, 
the spaces falling roughly in the middle of the sidewalk 
in this area as the sidewalk indents the park with public 
benches; the spaces would, therefore, be 8 - 9 feet in 
front of the benches and 10 feet away from the curb. All 
the spaces would require exemption from the bus zone regula- 
tion and the regulation requiring a space to be not more 
than 4-^ feet from the curb. 

With respect to the possibility of spaces on Green Street, 
north side, at Columbus, the Program Director reported 
that there is room for 4 spaces, 3 of which would meet 
all the regulations, 1 which would require exemption from 
the doorway regulation as there is an adjacent vacant 



STREET ARTISTS PROGRAM COMMITTEE - January 13, 1999 Page 8 



Columbus Savings building with an unused main entrance 
door. The sidewalk is evidently a viable area, as the 
Program Director learned from Mr. Kasek that illegal vendors 
sell there regularly. 

Commissioner Stermer expressed disfavor over the possibility 
of spaces situated across from the park benches on Union 
Street; he wished to preserve for the bench patrons the 
view of the street and not a view of the backs of 
vendors. He could support the presence of spaces ad- 
jacent to the park at its Stockton Street corner, as well 
as the possibility of spaces on Green Street at Columbus. 

Commissioner Rogers commented that the Commission and the 
artists should be cognizant of the fact that North Beach 
has very powerful neighborhood associations. 

Street Artist Maria Hillius proposed that the spaces on 
Leavenworth Street, at Jefferson Street (adjacent to The 
Cannery), which had been used traditionally by the portrait 
artists, be offered to all street artists, as the spaces 
were seldom being used by the portrait artists. 

Commissioner Rogers stated that, when his Committee heard 

this issue previously, a large contingent of portrait 

artists attended the meeting and defended their usage 

of the spaces. In order to hold a hearing to re-open the 

issue, the Commissioner would want to see a compilation 

of statistics on portrait artist usage of the spaces and 
not submittal of "anecdotal evidence." 

Street Artist Brian Hopper, a portrait artist, stated that 
the Leavenworth spaces are in heavy use by the portrait 
artists from March through Labor Day; at the present time 
they are barely used because of the cold weather. He 
cautioned against general usage of the spaces for another 
reason: The Cannery could "retailiate" by asking that the 
first three spaces at the corner of Jefferson Street be 
removed, which would render the remainder of the Leaven- 
worth Street spaces useless, as the prime flow of traffic 
is on Jefferson Street, not Leavenworth. 

Street Artist David Campos proposed that former spaces 
"8" and "9" on Jefferson Street (which had been withdrawn 
by the Port Commission in deference to The Cannery's 
doorway) be re-designated for a year. He also proposed 
that spaces be considered for Golden Gate Park near 8th 
Avenue. 



STREET ARTISTS PROGRAM COMMITTEE - January 13, 1999 Page 9 



The Program Director stated that in 1977 the Board of Super- 
visors designated 23 spaces in Golden Gate Park at the 
Music Concourse subject to the approval of the Recreation 
and Park Commission. When so requested, Rec-Park refused 
to give its approval. In recent history, Rec-Park withdrew 
its twenty-year approval of Justin Herman Plaza for the 
artists . 

Commissioner Stermer urged the Committee to consider spaces 
that would be possible to attain on a temporary basis. 

Mr. Campos proposed that Sloat Boulevard, adjacent to the 
San Francisco Zoo, be considered for 8 possible spaces; 
it has a wide sidewalk. He also proposed the area of 
Jefferson Street between Pier 39 and Pier 41 (an area sub- 
ject to the approval of the Port Commission). 

Street Artist Daniel De Guevara proposed that two spaces 
be created on Jefferson Street, south side, at Leavenworth. 

The Program Director clarified that former space "J-9" 
had originally been at that location and was removed due 
to a doorway built into the corner shop of The Cannery. 

Street Artist Harlan Simon proposed that spaces be created 
outside Moscone Center. Commissioner Rogers commented 
that this was Redevelopment Agency territory. 

The Commissioners directed the Program Director to survey 
the following areas for replacement spaces and to commence 
negotiations with impacted citizen/merchant associations 
and City agencies, as per the following order of priority: 



1) Hyde Street, west side, Beach Street to Jefferson 
Street (possible 10 spaces). 

2) Union Street, north side, Columbus Avenue to Stockton 
Street (possible 5 spaces); Green Street, north side, 
at Columbus Avenue (possible 4 spaces); Stockton 
Street, west side, at Green Street (possible 3 
spaces ) . 

3) Sloat Boulevard, outside the San Francisco Zoo (pos- 
sible 8 spaces ) . 

4) Moscone Center (possible ? spaces). 



STREET ARTISTS PROGRAM COMMITTEE - January 13, 1999 Page 10 



5) Jefferson Street between Pier 39 and Pier 41 (possible 
? spaces ) . 

Commissioner Stermer moved that the Program Director pro- 
ceed to investigate the above areas for possible spaces 
to replace the temporary loss of spaces on Hyde Street, 
east side, Beach to Jefferson streets; the motion was sec- 
onded by Commissioner Ishii and unanimously approved. 

IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar reported on the success of the off- 
duty Police officers hired by the Program for the winter 
holiday season in the Downtown-Union Square area. For 
their assigned period of December 11 - 26th, the officers 
issued a total of 44 citations, comprising 37 unlicensed 
vendors and 1 licensed street artist; and confiscated un- 
licensed merchandise (wristwatches , jewelry, sweaters, 
handbags, scarves, etc.) in 35 incidents, the merchandise 
loaded into a van and transported to Central Station. 

The major areas of confiscation did not include the Union 
Square area. They were Sansome Street (Sutter to Bush) 
and California/Montgomery. This revealed that the Street 
Artists Program's six years of paying the Police showed 
a marked success in that the unlicensed vendors, accord- 
ing to the Program Director, "got the message" of expected 
police presence in the Union Square area and stayed away, 
by and large, from that area to commit their violations 
elsewhere. 

The Program Director stated that he personally witnessed 
one of the officers count and confiscate 79 wristwatches 
and 3 bags of wool scarves from one unlicensed vendor whose 
name appears annually on police reports. 

The Commissioners noted that Sansome Street is a year- 
round problem area of unlicensed vendors and is cleaned 
up for any duration of time, when the Street Artists Pro- 
gram can afford to do so, at winter holiday time. 

The Commissioners also noted that one of the violators 
cited was an unlicensed vendor who is currently appealing 
to the Board of Appeals to overrule the Art Commission's 
denial of issuing him a certificate. 

Commissioner Rogers asked the Program Director to find 






STREET ARTISTS PROGRAM COMMITTEE - January 13, 1999 Page 11 



out how much money has been paid in fines by the violators 
cited by the officers hired by the Program and to also 
find out the status of the legislation prepared, on behalf 
of the Art Commission, by the City Attorney to appropriate 
to the Program revenue derived from such fines. 

Commissioner Stermer asked that a study with photos be 
made of the year-round usage of Sansome Street by the un- 
licensed vendors, so that such data may be employed with 
an argument to request that the area be designated for 
licensed street artists. 

Commissioner Rogers stated that he had observed, among 
the street artists along Market Street, a better than 
50% compliance in displaying the certificate, while every 
artist who had not been displaying the certificate put 
it out immediately upon request. 

Commissioner Rogers further stated that he had observed 
the continuous presence of the same unlicensed vendors 
on Market and Montgomery. Program Director Lazar responded 
that he had observed them selling jewelry, clothing, and 
tapes and CDs bearing the name "SUKAY", whereupon he had 
alerted the officers and was informed that the merchandise 
belonged to an organization called "SUKAY" which has been 
issued a Charitable Solicitors Certificate by the Police 
Department. Nevertheless, it was the Program Director's 
understanding that the only merchandise allowed for sale 
under such certification is merchandise that verbally or 
pictorially describes the nature or purpose of the charity; 
there was no evidence of this in the photos taken by the 
police of these vendors' tables nor observed first hand 
by the Program Director who intended to notify the Police 
Permit Bureau of this non-compliance. 

There being no further business, the meeting adjourned 
at 4:38 p.m. 

Respectfully submitted: 



a/cwi&^cL <^%* 



Howard Lazar 

Street Artists Program Director 




SAN FRANCISCO>RT COMMISSION 



Richard Newirth 

tor of Cultural Affairs 






STREET ARTISTS PROGRAM COMMITTEE 



£ 



Wednesday, ^March 10, 1999 



3:00^ 



p.m. 



Note 



Programs 

Civic Design Review 
Community Arts 

I& Education 
Performing Arts 
Public Art 

Cultural Equity Grants 
Suite 60 

Civic Art Collection 

Street Artists Licenses 

Suite 70 



rt Commission Gallery 
401 Van Ness Avenue 

415.554.6080 II 



J 



://thecity.sfsu.edu/sfac/ 
: sfac@thecity.sfsu.edu 



Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco, California 



DOCUMENTS DEPT. 



4 



N 



MAR 5 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 



Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 

shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 

HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 
RECOMMENDATION OF DENIAL OF CERTIFICATE OR RENEWAL 

Suong Nguyen - Certificate # 4843. Alleged violation: 

Selling in a location not designated by the Board of Super- 
visors (Ord. 41-83, Section 2405(b) ); second violation. 

HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
TO DESIGNATE ELEVEN (11) TEMPORARY SELLING SPACES ON HYDE 
STREET, WEST SIDE, BEACH TO JEFFERSON STREETS, AS PARTIAL 
REPLACEMENT OF LOSS OF TWENTY-ONE (21) SELLING SPACES 
ON HYDE STREET, EAST SIDE, BEACH TO JEFFERSON STREETS, 
DUE TO RENOVATION OF WHARFSIDE BUILDING; DESIGNATION TO 
COMMENCE WITH RENOVATION DISPLACEMENT OF SPACES ON EAST 
SIDE OF HYDE STREET AND TO TERMINATE UPON RESTORATION OF 
SPACES ON EAST SIDE OF HYDE STREET 



III HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
TO APPROVE ORDINANCE ESTABLISHING STREET ARTIST FUND AS 
AN INTEREST-BEARING FUND 




City and County 
of San Francisco 



} 



IV HEARING AND POSSIBLE MOTION TO APPROVE RECOMMENDATIONS 

(FEBRUARY 25, 1999) OF ADVISORY COMMITTEE OF STREET ARTISTS 
AND CRAFTSMEN EXAMINERS AMENDING SCREENING CRITERIA FOR 
LIMITED EDITIONS OF CERTAIN ART AND CRAFT ITEMS REPRODUCED 
BY THIRD PARTIES 

A. Motion to approve artist's attachment to the back of 
each print, created by the artist or reproduced by 
a third party, an "EDITION STATEMENT" containing name 
of artist, title of print, type (medium) of print, 
edition number of print limited for sale in the Street 
Artists Program, and a statement that the print may 
be available for sale outside of the Program. 



Continued 



; an Ness Avenue, Suite 240 San Francisco, CA 94102 Phone (415) 252-2590 Fax (415) 252-2595 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Agenda 
Page 2 



B. Motion to approve amending criteria for "COMPUTER- 
GENERATED & 'NEW TECHNOLOGY' ART" by replacing 
provision for a limit of fifty (50) copies per 
edition of laser-printed or photocopied images with 

a provision for one thousand (1,000) copies per edition. 

C. Motion to approve amending criteria for "PHOTOGRAPHY" 
by replacing provision for a limit of two hundred (200) 
copies per edition of machine commercial prints and 
three hundred (300) copies per edition of machine custom 
prints with a provision for one thousand (1,000) copies 
per such editions. 

D. Motion to approve amending criteria for "PRINTMAKING" 
by replacing provision for a limit of five hundred 
(500) copies per edition of prints not made by the 
artist with a provision for one thousand (1,000) copies 
per edition with the exception of such prints 
incorporated in notecards, magnets, or other items 
created by the artist. 

E. Motion to approve provision for a limit of one thousand 
(1,000) copies for sale of each size of a print not 
made by the artist. 

F. Motion to approve provision for Advisory Committee 
consideration on a case-by-case basis of requests to 
eliminate the edition limit for a print not made by 
the artist. 

V REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

VI PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

VII ADJOURNMENT 






ACCESSIBILITY INFORMATION 

^Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

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DOCUMENTS DEPT. 

FEB h 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 



Richard Newirth 
ictor of Cultural Affairs 

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mCt,/ t^A, Programs 

Civic Design Review 

Community Arts 

& Education 

Performing Arts The meeting of the ^TREET ARTISTS PROGRAM COMMITTEE 

Public An sc heduled for Wednesday,^ February 10, 1999 has been ^c ancel led , 

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Suite60 Tne next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, March 10, 1999, 3:00 p.m. in the 
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415.554.6080 



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February 2, 1999 



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City and County 
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an Ness Avenue, Suite 240 San Francisco, CA 94102 Phone (415) 252-2590 Fax (415) 252-2595 









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Richard Newirth 
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March 10, 1999 

Art Commission Conference Room, Suite 70 

25 Van Ness Avenue 

San Francisco, California 



DOCUMENTS DBPT 
MAR 2 4 1999 

SAN FRANC/SCO 
p UBLIC LIBRARY 



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Programs 

Civic Design Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

Cultural Equity Grants 
Suite 60 

Civic Art Collection 

Street Artists Licenses 

Suite 70 

Art Commission Gallery 

401 Van Ness Avenue 

415.554.6080 



Commissioners present: Emery Rogers, Steve Ishii, Denise Roth, 

Dugald Stermer 

Commissioners absent: Rod Freebairn-Smith 



Staff Present: 



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City and County 
of San Francisco 



Director of Cultural Affairs Richard Newirth 
Street Artists Program Director Howard Lazar 
Certification Clerk Antoinette Worthy 
Deputy City Attorney Adine Varah 

Commissioner Rogers, Chair, called the meeting to order at 3:10 
p.m. 

I HEARING ON ALLEGED VIOLATION OF STREET ARTIST ORDINANCE; 
HEARING AND POSSIBLE MOTION TO APPROVE PROGRAM DIRECTOR'S 
RECOMMENDATION OF DENIAL OF CERTIFICATE OR RENEWAL 

Suong Nguyen - Certificate # 4843. Alleged violation: 
Selling in a location not designated by the Board of Super- 
visors (Ord. 41-83, Section 2405(b) ); second violation. 

Program Director Lazar stated that, upon receiving a copy 
of the Police report citing Ms. Nguyen for selling in an 
illegal location, and noting that she had received a written 
warning for each of three previous incidents of the same 
offense, the Program Director sent Ms. Nguyen a "NOTICE 
OF INTENT TO RECOMMEND DENIAL OF CERTIFICATE OR RENEWAL" 
with an invitation to meet with the Program Director for 
consideration of issuance of certificate. Ms. Nguyen 
chose not to meet with the Program Director; in keeping 
with the Art Commission's Section 5 procedures, the matter 
was submitted to the Program Committee for a possible motion 
to approve the Program Director's recommendation of denial 
of certificate or renewal. 

The Program Director outlined the history of Ms. Nguyen's 
four incidents of selling in a location not approved by 
the Board of Supervisors: August 4, 1995; August 16, 1996; 
December 19, 1997; and December 18, 1998. The Commissioners 
noted that the history encompassed one incident for each 
of Ms. Nguyen's years as a licensed artist in the Street 
Artists Program; and that two of the incidents occurred 
- during the winter holiday selling season. 



I Van Ness Avenue, Suite 240 San Francisco, CA 94102 Phone (415) 252-2590 Fax (415) 252-2595 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 2 



For evidence, the Program Director submitted copies of 
the Police reports and citations of the incidents, including' 
photographs taken by the Police of Ms. Nguyen's display set 
up with merchandise on the sidewalk of 55 Sansome Street, 
an illegal location, the most recent incident (December 
18, 1998). 

Ms. Nguyen stated that, with regard to the most recent 
incident, she had set up to sell on Market Street but could 
not park her car on Market Street; she parked it on Sansome 
Street. By 6:00 p.m., she had brought her merchandise back 
to Sansome Street where she proceeded to re-stock her table 
for the next day when the officer cited her for selling. 

The Commissioners noted that, in the Police report of the 
recent incident, the officer had written: "I observed Ms. 
Nguyen selling jewelry from her display." Similarly, in 
the Police report of August 4, 1995, another officer had 
written: "We observed ... Nguyen standing behind a table 
of merchandise including silver jewelry assisting customers j 
of her business." 

Commissioner Rogers asked Ms. Nguyen why she sold in non- 
designated locations so often, especially since she had 
received tickets for doing so. Ms. Nguyen responded that 
sometimes she forgets to go to the street artist lottery 
for spaces and, instead, looks at the map of spaces and 
sometimes looks "at the wrong location." 

Commissioner Roth noted that Ms. Nguyen had been cited 
in the following non-designated locations: 55 Sansome Street 
(12/18/98); previously at Sansome Street (at Bush Street) 
(12/19/97); Market Street at Spear Street (8/16/96); and 
100 Sutter Street (8/4/95). The two annual incidents on 
Sansome Street occurred during consecutive winter holiday 
selling seasons. 

Commissioner Rogers stated that Ms. Nguyen's documented 
selling activity was "so chronic" that her certificate 
should be restricted from being renewed for a three-month 
period of time, commencing after Ms. Nguyen's hearing 
procedure. 

Commissioner Stermer stated that Commissioner Rogers' 
recommendation was "reasonable", as the suspension 
would occur during months that are not the prime selling 
season. He noted the repetitiveness of Ms. Suong's viola- 
tions. 






STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 3 



The Commissioners noted that Ms. Suong ' s certificate would 
be expiring on -March 24th. 

Commissioner Stermer moved that Suong Nguyen be found in 
violation of Ordinance 41-83, Section 2405(b), for having 
sold in locations not designated by the Board of Super- 
visors, that Ms. Nguyen's certificate be renewed, and that, 
upon the date of its issuance or renewal, the certificate 
be suspended for a period of three months; the motion was 
seconded by Commissioner Roth and unanimously approved. 

Commissioner Rogers moved that any future violation of 
the same type (Section 2405(b) ) by Ms . Nguyen be grounds 
for consideration of suspension of certificate for a mini- 
mum of one year or revocation; the motion was seconded 
by Commissioner Ishii and unanimously approved. 

II HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
TO DESIGNATE ELEVEN (11) TEMPORARY SELLING SPACES ON HYDE 
STREET, WEST SIDE, BEACH TO JEFFERSON STREETS, AS PARTIAL 
REPLACEMENT OF LOSS OF TWENTY-ONE (21) SELLING SPACES ON 
HYDE STREET, EAST SIDE, BEACH TO JEFFERSON STREETS, DUE 
TO RENOVATION OF WHARFSIDE BUILDING; DESIGNATION TO COMMENCE 
WITH RENOVATION DISPLACEMENT OF SPACES ON EAST SIDE OF 
HYDE STREET AND TO TERMINATE UPON RESTORATION OF SPACES 
ON EAST SIDE OF HYDE STREET 

Commissioner Rogers acknowledged the February 23, 1999 
letter from the National Park Service opposing the pro- 
posal . 

Program Director Lazar informed the Commissioners that 
he had sent drawings of the proposed sites to representa- 
tives of the Park Service and the Fisherman's Wharf 
Merchants Association and had invited them to give their 
input at this meeting. The Commissioners noted that no 
representative from either organization was in attendance. 

The Program Director went on to say that, in granting such 
spaces, the Board of Supervisors would have to exempt the 
spaces from Section 2405(c) (16) which requires street 
artists to maintain a pedestrian passageway of at least 
ten feet; the west sidewalk of Hyde Street is not wide 
enough to allow the artists to maintain a ten-foot passage- 
way. Instead, the artists would be able to maintain an 
eight-foot passageway. The Program Director was prepared 
to argue at the Board of Supervisors that the eight-foot 
passageway would be sufficient because on the same sidewalk 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 4 



a JCDeCaux kiosk was placed which leaves a pedestrian pas- 
sageway of only five feet and two inches. Furthermore, 
numerous performers with instruments and electronic equip- 
ment set up on the sidewalk, and their sizeable reduction 
of the pedestrian thoroughfare, just like the kiosk's, 
is tolerated - even during the busy summer season. 

Commissioner Rogers called for public testimony. 

While Street Artist Madeline Morrow supported the National 
Park Service's position and opposed the proposal for reasons 
of overcrowding, Street Artists Mark Kasek, David Campos, 
Theresa Mabalatan, Susan Pete, and applicant Robert Gilman 
supported the proposal. Among their reasons was the nec- 
essity of replacing Wharf spaces with Wharf spaces, as 
most of the street artists - especially on weekends and 
especially during summer - sell at the Wharf. 

It was clarified that, if approved, the new Hyde Street 
spaces would commence upon the loss of the permanent 
spaces on the east side of Hyde and would terminate 
upon the restoration of the east side spaces. The pres- 
dent of the construction company which would be renovat- 
ing the Wharfside Building had informed the Program Dir- 
ector that the displacement period of the east side spaces 
would be about a year. 

Commissioner Stermer moved that the Board of Supervisors 
be requested to designate eleven (11) temporary selling 
spaces on Hyde Street, west side, Beach to Jefferson 
Streets, as partial replacement of the loss of twenty-one 
(21) selling spaces on Hyde Street, east side, Beach to 
Jefferson Streets, due to renovation of the Wharfside 
Building, and that such designation commence with ren- 
ovation displacement of the spaces on the east side of 
Hyde Street and terminate upon restoration of the spaces 
on the east side of Hyde Street; the motion was seconded 
by Commissioner Ishii and unanimously approved. 



Commissioner Rogers urged that street artists show their 
support of the proposal at the Board of Supervisors. 






Ill HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
TO APPROVE ORDINANCE ESTABLISHING STREET ARTIST FUND AS 
AS INTEREST-BEARING FUND 

The Commissioners acknowledged a January 21, 1999 letter 
- from Chief Assistant Controller John W. Madden to the Pro- 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 5 



gram Director, which stated that legislation would be nec- 
essary to commence crediting interest to the Street Artist 
Fund; that, should interest be credited, "the Fund bear 
its share of the Countywide Cost Allocation Plan ( COWCAP ) 
costs"; and that there was "no way for the fund to be 
credited with interest earnings in years prior to enactment 
of interest allocation legislation." 

The Commissioners reviewed a draft of the Street Artists 
Fund Ordinance prepared by Deputy City Attorney Adine Varah 
and Mr. Madden, and noted its provision for interest to 
"be credited by the Controller on any balance of funds 
accumulated in excess of $50,000 remaining in said fund 
at the close of any month." 

In response to questions from Commissioner Rogers, the 
Program Director clarified that, until the creation of 
the Street Artists Program's special fund, the Program 
in the 1970s deposited its fee revenue into the General 
Fund, received annual allocations from the Board of 
Supervisors, and was not permitted to retain its fee 
revenue over Program expenses. With the creation of 
the special fund in 1980, the Program has been allowed 
since that time to carry forward its accumulated savings 
or "unreserved fund balance" from one year to the next. 

Street Artist Bill Clark told the Commissioners that he 
supported the legislation and that, with respect to the 
Program's incurring COWCAP charges, the street artists 
have always been willing to pay their fair share of govern- 
mental costs. In addition, with the Commission's submittal 
of the legislation, Mr. Clark wanted to have an opportunity 
to address the Board of Supervisors on the issue of the 
General Fund's retention of the Program's surplus fee 
revenue of the 1970s. 

Street Artist Robert Clark told the Commissioners that 
he felt it was an "insult from the Controller" for the 
Program to now be charged COWCAP costs if the interest- 
bearing legislation is passed. Mr. Clark further stated 
that the Program was missing over $200,000 of surplus fee 
revenue retained by the General Fund in 1972-79, and that 
if the Program had been allowed to keep that money, its 
accumulated interest would "far outweigh" any COWCAP costs. 
The City, he said, was supposed to have paid the surplus 
fee revenue back to the Street Artists Program from the 
City's tax revenues, according to state business laws. 
Because the City has not done so, he and his brother will 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 6 



approach the Attorney General and ask that criminal charges 
be brought against certain individuals. Before proceeding 
with criminal charges, he requested that the Commissioners 
and the Program Director ask the Board of Supervisors, 
at the hearing on the interest-bearing legislation, to 
return the $200,000. 

In response to questions from the Commissioners, Mr. Lazar 
verified that in the 1970s the Program's annual fee revenue 
was considerably more than its expenses because the 
Program's salaries were funded by Federal EEA and CETA 
funds . 

Commissioner Roth moved that the Board of Supervisors be 
requested to approve the drafted ordinance establishing 
the Street Artist Fund as an interest-bearing fund; the 
motion was seconded by Commissioner Ishii and unanimously 
approved. 

IV HEARING AND POSSIBLE MOTION TO APPROVE RECOMMENDATIONS 

(FEBRUARY 25, 1999) OF ADVISORY COMMITTEE OF STREET ARTISTS 
AND CRAFTSMEN EXAMINERS AMENDING SCREENING CRITERIA FOR 
LIMITED EDITIONS OF CERTAIN ART AND CRAFT ITEMS REPRODUCED 
BY THIRD PARTIES 

The Program Director explained that the Advisory Committee 
had spent two meetings reviewing the present screening 
criteria for limited editions, had re-affirmed the principle 
of establishing limited editions, but had not been unanimous 
in its vote for an across-the-board limitation. 

Commissioner Rogers stated that the following sub-items 
calendared under Item IV would be considered simultaneously 
by the Committee: 

A. Motion to approve artist's attachment to the back of 
each print, created by the artist or reproduced by a 
third party, an "EDITION STATEMENT" containing name 
of artist, title of print, type (medium) of print, 
edition number of print limited for sale in the Street 
Artists Program, and a statement that the print may 

be available for sale outside of the Program. 

B. Motion to approve amending criteria for "COMPUTER- 
GENERATED & 'NEW TECHNOLOGY' ART" by replacing pro- 
vision for a limit of fifty (50) copies per edition 
of laser-printed or photocopied images with a pro- 
vision for one thousand (1,000) copies per edition. 






STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 7 



C. Motion to approve amending criteria for "PHOTOGRAPHY" 
by replacing provision for a limit of two hundred (200) 
copies per edition of machine commercial prints and 
three hundred (300) copies per edition of machine custom 
prints with a provision of one thousand (1,000) copies 
per such editions. 

D. Motion to approve amending criteria for "PRINTMAKING" 

by replacing provision for a limit of five hundred (500) 
copies per edition of prints not made by the artist 
with a provision for one thousand (1,000) copies per 
edition with the exception of such prints incorporated 
in notecards, magnets, or other items created by the 
artist. 

E. Motion to approve provision for a limit of one thousand 
( 1, 000) copies for sale of each size of a print not 
made by the artist. 

F. Motion to approve provision for Advisory Committee 
consideration on a case-by-case basis of requests to 
eliminate the edition limit for a print not made by 
the artist. 

Commissioner Rogers congratulated the Advisory Committee 
on its efforts. 

Advisory Committee Chair Mathew Porkola requested that 
the full item not be approved in its present form of 
edition limits of 1,000 copies, as a compromise on the 
issue could have been reached by reducing the proposed 
limitation number and allowing the artists to apply this 
number to each size of a particular print they wished to 
sell. Mr. Porkola went on to say that editioned prints 
should be sold in numerical order subject to occasional 
monitoring by the Advisory Committee. He recommended that 
the edition number be 200, not 1,000, because of the allow- 
ance provided for in Item IV(E); he said that Advisory 
Committee member Susan Tibbon agreed with him. 

Street Artist Edward Steneck said that limiting/number- 
ing the artists' prints and photographs was, for the Street 
Artists Program, a bad idea, and that he favored open (un- 
limited) editions. 

Street Artist Sharon MacDougall submitted sample prints 
of her paintings of various sizes. She stated that she 
did her own matting, and that it would be impossible to 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 8 



maintain a running count of each of her prints. 

Street Artist Bill Clark stated that, while it was he who 
had been the one to initiate the controversy on whether 
books and other items involving third-party participation 
could be considered "handcrafted items" under the street 
artists ordinance, he opposed the proposal of establishing 
limited editions as it constituted a restraint of trade. 
Rather than continuing to adopt limited edition numbers, 
the Art Commission should decide which products qualify 
as a "handcrafted item" under the ordinance and which do 
not. He asked that the Commission investigate the restraint- 
of-trade issue as it pertained to the street artist 
ordinance. 

Robert Gilman, applicant for a street artist certificate, 
stated that there were controls in the Advisory Committee 
examination process to prevent the introduction of mass- 
market products. If limited editions were to be con- 
sidered, he supported the proposed "1,000" figure. He went 
on to say that other changes, besides size, of a particular 
image should constitute a different edition of the image. 

Street Artist Mark Monsarrat opposed a mandated limitation 
on the number of prints an artist could sell. He stressed 
that, with recent improvements of technology, emphasis 
is placed primarily on the creativity of images. Limited 
editions, he said, is practiced by galleries to inflate 
the value of what they are selling. The Street Artists 
Program's attempts to limit the number of third-party 
produced prints in deference to those artists who have 
chosen a more difficult craft to produce "smacks of com- 
munism," he said. 

Street Artist Susan Pete questioned the Program's ability 
to enforce the sale of limited editions. Instead of enforc- 
ing a numerical limitation, she recommended that the Program 
enforce a time limit on the sale of prints. 

Street Artist Madeline Morrow agreed with Ms. Pete that 
the sale of limited editions was unenforceable and saw 
no reason to establish rules that could not be enforced. 

Street Artist Matt Summers stated that he has certain photo- 
prints that he has sold over and over for the past twenty 
years, and that they are "new to new customers." Because 
of such successes, he did not feel these same prints 
should now be limited.- 






STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 9 



Street Artist Bill Clark stated that the reason he had 
initially raised the issue of third-party produced craft 
items was that the street artists ordinance 
provides that a street artist applicant must swear under 
penalty of perjury that "the applicant neither employs 
persons nor is employed by another person in the produc- 
tion of the art or craft item for which the applicant seeks 
certification. " 

Street Artist Robert Clark stated that if third-party 
produced items qualify in the Program, then the artists 
should sell as many as they want. However, if the Commis- 
sion wished to enforce limits, he recommended that artists, 
when they renew their certificates, meet with the Program 
Director to discuss the numerical status of the prints 
they are selling. 

Advisory Committee Chair Mathew Porkola said that enforce- 
ability was not an issue for his committee; rather, the 
committee was concerned with the equitability between 
artists who do everything by hand on their craft and artists 
who have third parties to contribute to the production 
of their craft. 

After Commissioner Rogers closed public testimony, Commis- 
sioner Stermer stated that he felt the Clarks were "ab- 
solutely correct on a literal basis" in that the Street 
Artists Program is for "handmade" objects, and that allow- 
ing for the participation of third parties in the production 
of crafts could open negative doors. The Commission had 
to decide on whether to administer a "pure" interpretation 
of the law or to allow some flexibility. Commissioner 
Stermer went on to say that, while the Advisory Committee 
did great work on the issue, he was reluctant to vote on 
the recommendations at this time; he had "very serious 
misgivings . . . about an arbitrary number of a thousand" 
applied across the board and cited, as an example, the 
injustice of imposing a limitation on one of Ansel Adams' 
popular photographs. While a successful print should not 
be restricted in its sales, the Commissioner favored the 
labeling of a statement on the print's back for the sake 
of "truth in advertising": the public should understand 
the type of print it is purchasing. He felt the issue 
of the numerical limit should be re-heard for a consensus. 

Commissioner Roth stated that she agreed with Commissioner 
Stermer and that it would appear that the Commission could 
be "punishing" a successful artist by putting a limit on 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 10 



the editions of his or her work. 

Commissioner Ishii stated that, given the involved history 
of the issue, it would be difficult for him to make a 
decision at this time in support of either the Advisory 
Committee's recommendations or the expressed sentiment 
of the street artists. 

Commissioner Rogers stated that, as before, he still 
believed that the issue had to be observed from "an entre- 
preneurial standpoint, not an artistic standpoint". The 
street artists were not galleries "selling to people who 
come in through our doors; we are out on the frontlines 
of entrepreneurialism in San Francisco." The artists have 
an opportunity to dispense as widely as possible their 
expression, and they have the opportunity to use technology 
and reduced production costs to disseminate their art 
"farther and wider than it ever has been before." In so 
doing, everyone benefits: the buyer benefits, the artist 
benefits, the City benefits in its collection of license 
fees. The Commissioner added that an attempt to limit 
an artist's production of items is unenforceable, and the 
Commissioner did not want to see another layer of enforce- 
ment added to the Program. 

Commissioner Rogers concluded that the issue of open edi- 
tions was worthy of discussion. He also stated that it 
would not be difficult for an artist to imprint on the 
back of his or her print a statement that it is an unlimited 
edition which may be available in other venues. He invited 
further discussion on this topic of including such a state- 
ment. Aside from this, he reiterated that he could not 
support limited editions. 

Commissioner Rogers asked Deputy City Attorney if the 
Commission would be exposing itself to future legal prob- 
lems if the Commission were to refrain from imposing limits 
on editions of items. 

Deputy City Attorney Varah responded that it was within 
the Commission's discretion to modify its guidelines within 
the parameters of the street artists ordinance, and that 
the Commission was not bound to always keep its guidelines 
of edition limits. The Commission must consider whether 
it will be acting in a capricious, arbitrary manner incon- 
sistent with the street artists ordinance. 

Commissioner Rogers stated that he would not mind if an 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 11 



artist imposed a limitation on his or her prints in order 
to enhance the value of the prints; but he would be stead- 
fastly opposed to having the Commission impose and enforce 
a limitation. Rather than support the current recommenda- 
tions, he would, at a future meeting, entertain a motion 
to eliminate the present edition numbers altogether. 

Prior to calendaring such a motion, the Commissioner asked 
that the issue return to the Advisory Committee. 

Commissioner Stermer moved that the Advisory Committee 
of Street Artists and Craftsmen Examiners conduct a hearing 
on the matter of eliminating the present limited edition 
numbers inherent in the current screening criteria for 
limited editions of art and craft items reproduced by 
third parties; the motion was seconded by Commissioner 
Roth and unanimously approved. 

V REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

Program Director Lazar reported that the Board of Appeals 
on March 17th would be hearing applicant Harold Brennan ' s 
request for the Board to overrule the Art Commission's 
denial of certification of his framed compositions of but- 
terflies and insects. 

The Program Director reported on his progress in negotia- 
tions over the temporary selling spaces in areas proposed 
by the Commissioners last month in order to replace the 
twenty-one spaces on Hyde Street that will be rendered 
unuseable for a year by the renovation of the Wharfside 
Building (Haslett Warehouse). The Program Director will 
be submitting his proposals for spaces in the North Beach 
area and in front of the San Francisco Zoological Gardens 
at next month's Program Committee meeting. 

He also reported that, with the signing of the new compen- 
sation agreement between the Art Commission and the Film 
and Video Arts Commission, the Street Artists Program fin- 
ally collected the compensation owed to the artists by 
NASH BRIDGES PRODUCTIONS from March of the previous year. 
In addition, the Program had recently collected compensation 
for its artists from another film production company which 
had displaced the artists from their spaces. 

VI PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES 



STREET ARTISTS PROGRAM COMMITTEE - March 10 , 1999 Page 12 



Commissioner Stermer reported on two vibrant street fairs 
he had observed on his recent visit to Cuba. The fairs 
were selling exceptional samples of handcrafted items that 
included carved wood, papier mache, and jewelry. 



Street Artist Tad Sky informed the Commissioners that street 
artists have continued to sell at Justin Herman Plaza since 
it was designated as a selling area by the Board of Super- 
visors in 1972. Since that time and over the next twenty 
years, the Recreation and Park Commission which has juris- 
diction over the Plaza, granted permission to the artists 
on an annual basis to use the Plaza. A few years ago, 
permission was withdrawn when Rec-Park passed a resolution 
to prohibit vending on its properties (with the exception 
of vending related to specific events using Park prop- 
erty). Over the past five years, the Program Director and 
Mr. Sky have each tried to secure a permit renewal from 
Rec-Park and have received no response. While Rec-Park 
has not attempted to remove the artists, the Plaza is now 
under construction as part of the Embarcadero project, 
and the artists' future at the Plaza is uncertain. Mr. 
Sky asked the Program Commissioners to communicate to 
Rec-Park that the artists are committed, as they have been 
for the past twenty-six years, to selling at the Plaza 
and to again secure, on their behalf, Rec-Park permission 
to continue selling there. 

The Program Director clarified that, when the Program was 
established in 1972, the only selling area granted by the 
Board of Supervisors for the street artists was the Plaza 
(at that time it was called "Embarcadero Plaza" and was 
under the control of the Redevelopment Agency). It was 
on the outskirts of town and not very desireable as, at 
that time, there was no Hyatt Regency Hotel and no Embar- 
cadero Center. Nevertheless, the artists "homesteaded" 
the Plaza, and their sales over a quarter of a century 
testify to the artists' contribution to the Plaza's appeal. 






The Program Director further clarified that Rec-Park passed 
its resolution prohibiting selling on their properties 
out of direct reaction to the "epidemic of so-called 'char- 
itable solicitors'" who, with their massive volume of T- 
shirts and sweatshirts for sale, were regularly encamped 
in front of the Tea Garden and other aesthetic locations 
under Rec-Park 's control. With Rec-Park 's resolution tar- 
geting such non-licensed vendors, no exemption from the 



STREET ARTISTS PROGRAM COMMITTEE - March 10, 1999 Page 13 



prohibition was made for the artists at Justin Herman 
Plaza. When the artists' permit for the Plaza expired, 
it was not renewed. 

Mr. Sky stated that whenever Rec-Park has issued a permit 
for an event at the Plaza, the artists have always complied 
with the directives of the event's personnel. He further 
stated that because the location is a Plaza and not 
a sidewalk, the street artist regulations governing display 
size for sidewalk locations do not apply, and the artists 
have been allowed to have larger displays to showcase large- 
scale visual art. 

Commissioner Rogers responded that his Committee members 
should speak to Art Commission President Stanlee Gatti 
about this issue and arrange for a meeting between commis- 
sioners and staff of both departments. 



Street Artist Xavier LeBon suggested, as a possible way 
of replacing the temporary loss of the Hyde Street Spaces, 
that there be created an additional row of spaces on Beach 
Street opposite the existing row of spaces, leaving a pedes 
trian passageway between the two rows. 

Street Artist Robert Clark expressed opposition to the 

idea because many years ago artists set up illegally across 

the sidewalk from the artists in the legal spaces, and 

it took several years to convince the artists that if they 

used the Hyde Street spaces they would find such spaces 

viable and would not have to set up illegally on Beach 

Street. 

The Commissioners agreed that consideration of Mr. LeBon ' s 
suggestion would have to be calendared for a hearing. 

There being no further business, Commissioner Rogers 
adjourned the meeting at 5:16 p.m. 

Respectfully submitted: 



>% 



fu/o 




Howard Lazar 

Street Artists Program Director 




Richard Newirth 
ctor of Cultural Affairs 



'0.15 



l+/t 1 



JAN FRANCISCO ART COMMISSION 

^STREET ARTISTS PROGRAM COMMITTEE 

Wednesday. ^ April 14, 1999 
3:65 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 

25 Van Ness Avenue 
San Francisco. California 

^AGENDA 



Programs 



Civic Design Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

Cultural Equity Grants 
Suite 60 

Civic Art Collection 

Street Artists Licenses 

Suite 70 

rt Commission Gallery 

401 Van Ness Avenue 

415.554.6080 

://thecity.sfsu.edu/sfac/ 
: sfac@thecity.sfsu.edu 



DOCUMENTS DEPT. 

APR 7 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 



Note: Public testimony is invited and shall be limited to three 

(3) minutes per person. No member of the public or witness 
shall cross-examine another member of the public or witness 
unless approved by the Program Committee. 



HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
TO DESIGNATE TEMPORARY SELLING SPACES IN NORTH BEACH 
AS PARTIAL REPLACEMENT OF TEMPORARY LOSS OF TWENTY-ONE (21) 
SELLING SPACES ON HYDE STREET, EAST SIDE, BEACH TO JEFFERSON 
STREETS, DUE TO RENOVATION OF WHARFSIDE BUILDING; 
DESIGNATION TO BE FOR ONE YEAR COMMENCING WITH DISPLACE- 
MENT OF HYDE STREET SPACES 

On February 1. 1999. the full Art Commission approved 
its Street Artists Program Director to investigate the 
following selling locations as a priority for Commission 
consideration in partially replacing the temporary loss 
of the Hyde Street spaces: 



A. Possible motion to approve six (6) spaces on Union 
Street, north side, at Stockton Street (adjacent to 
Washington Square). 



C. 



Possible motion to approve six (6) spaces on Green 
Street, north side, at Columbus Avenue (adjacent to 
vacant Columbus Savings building) 

Possible motion to approve three (3) spaces on Stockton 
Street, east side, at Columbus Avenue and Green Street 
(adjacent to vacant Columbus Savings building) 




City and County 
of San Francisco 



II HEARING AND POSSIBLE MOTION TO REQUEST BOARD OF SUPERVISORS 
TO DESIGNATE TEMPORARY SELLING SPACES ON SLOAT BOULEVARD 
ADJACENT TO THE SAN FRANCISCO ZOOLOGICAL GARDENS AS PARTIAL 
REPLACEMENT OF TEMPORARY LOSS OF TWENTY-ONE (21) SPACES 
ON HYDE STREET, EAST SIDE, BEACH TO JEFFERSON STREETS, 
DUE TO RENOVATION OF WHARFSIDE BUILDING; DESIGNATION TO 
BE FOR ONE- YEAR COMMENCING WITH DISPLACEMENT OF HYDE STREET 
SPACES 

Continued 



/an Ness Avenue, Suite 240 San Francisco, CA 94102 Phone (415) 252-2590 Fax (415) 252-2595 



STREET ARTISTS PROGRAM COMMITTEE - April 14, 1999 Agenda 
Page 2 

On February 1, 1999, the full Art Commission approved 
its Street Artists Program Director to investigate selling 
locations adjacent to the San Francisco Zoological Gardens 
as a priority for Commission consideration in partially 
replacing the temporary loss of the Hyde Street spaces. 
Based on investigation, the Program Director submits the 
following possible plans: 

A. Possible motion to approve eight (8) selling spaces 
on Sloat Boulevard, south side, between East (45th 
Avenue) and West Entrances of Zoological Gardens. 

B. Possible motion to approve seven (7) selling spaces 
on Sloat Boulevard, south side, between East (45th 
Avenue) Entrance of Zoological Gardens and bus shelter 
east of East Entrance. 

C. Possible motion to approve three (3) selling spaces 
on Sloat Boulevard, south side, between West Entrance 
of Zoological Gardens and blue curb zone. 

III REVIEW OF HEARING PROCEDURES TO IMPLEMENT SECTION 5 OF 
THE STREET ARTISTS ORDINANCE 

IV REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET ARTISTS 
PROGRAM 

V PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION OF 
PROPOSALS FOR NEW SELLING SPACES (At this time members 
of the public may address the Commission on items of 
interest to the public that are within the subject matter 
jurisdiction of the Commission except agenda items.) 

VI ADJOURNMENT 



ACCESSIBILITY INFORMATION 

"Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to tlie needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the An Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 






i 



( 






s 


F 


A 


C 



SAN FRANCISCO ARTS COMMISSION 



Richard Newirth 
ictor of Cultural Affairs 

3.75 
l/ff 

' PROGRAMS 



NOT 



ICE 



Civic Design Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

Cultural Equity Grants 
Suite 60 

Civic Art Collection 

Street Artists Licenses 

Suite 70 

Commission Gallery 

401 Van Ness Avenue 

415. SS4. 6080 



://TH ECITY.SFSU.EDU/SFAC/ 
•»»"<FAC@TH ECITY.SFSU.EDU 



The meeting of the -STREET ARTISTS PROGRAM COMMITTEE 
scheduled for Wednesday, May 12, 1999 has been cancelled. 



The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, June 9, 1999, 3:00 p.m. in the Art 

Commission Conference Room, Suite 70, 25 Van Ness Avenue, San 
Francisco. 




Street Artists Program 
May 5, 19 99 



DOCUMENTS DEPT. 

MAY 1 1 IS29 

SAN FRANCISCO 
PUBLIC LIBRARY 



VZity and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



c 



S F 



A C 



^AN FRANCISCO ^RTS COMMISSION 



Richard Newirth 
;tor of Cultural Affairs 



0.75 






PROGRAMS 



Civic Design Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

Iultural Equity Grants 
Suite 60 

Civic Art Collection 

Street Artists Licenses 

Suite 70 

Commission Gallery 
l Van Ness Avenue 
415.554.6080 



... 'IECITY.SFSU.EDU/SFAC/ 
vC@THECITY.SFSU.EDU 



.•NOTICE 

The meeting of the ^TRJ^T__APJLIJ3TS PROGRAM COMMITTEE 
scheduled for Wednesday/ (Jfune 9, 1999}has been ^gancelledT^ > 

The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, July 9, 1999, 3:00 p.m. in the Art 

Commission Conference Room, Suite 70, 25 Van Ness Avenue, San 
Francisco. 



Street Artists Program 
May 28, 1999 




DOCUMENTS DEPT, 

JUNO 3 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 



Iity and County of 
San Francisco 



06-03-99P12:02 RCVD 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.2 52.2595 



( 



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A C 



Richard Newirth 
roR of Cultural Affairs 



^AN FRANCISCO^ARTS COMMI S S IO NDOCUMENTS DEPT. 



JUL 3 - 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 

07-03-99P01 :3d RCVD 



).75 



PROGRAMS 



Civic Design Review 

Community Arts 

&. Education 

Performing Arts 

Public Art 

jltural Equity Grants 
Suite 60 

Civic Art Collection 

Street Artists Licenses 

Suite 70 

Commission Gallery 

01 Van Ness Avenue 

415.554.6080 



'-"ECITY.SFSU.EDU/SFAC/ 
AIL: * c @ THEC |ty.SFSU.EDU 







STREET ARTISTS PROGRAM COMMITTEE 



Wednesday, (i^UA999^> 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 
San Francisco, California 



AGENDA 

NOTICE: Requests to testify are accepted before the item on which the individual wishes to speak comes 
up for consideration. The Presiding Officer will also call for public testimony on agenda items either at 
the beginning of the meeting or prior on the vote on particular items. Public testimony shall be limited to 
three (3) minutes per person. No member of the public or witness shall cross-examine another member of 
the public or witness unless approved by the Program Committee. 




I. HEARING AND POSSIBLE MOTION TO PROPOSE LEGISLATION TO 

BOARD OF SUPERVISORS TO LIMIT SIZE OF CANOPIES, 
UMBRELLAS, AND OTHER UTILITARIAN DIMENSIONS ADDED TO 
A STREET ARTIST DISPLAY 



II. REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET 
ARTISTS PROGRAM 



III. PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION 
OF PROPOSALS FOR NEW SELLING SPACES (At this time members of the 
public may address the Commission on items of interest to the public that are within the subject 
matter jurisdiction of the Commission except agenda items.) 



IV. ADJOURNMENT 



ity and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the An Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses-serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 






S F 



A C 



SAN FRANCISCO ARTS COMMISSION 



/ 



// 



STREET ARTISTS PROGRAM COMMITTEE 



-99A11: 40 



Richard Newirth 
» of Cultural Affairs 



.m 



y 



h 



PROGRAMS 

Zivic Desicn Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

ural Ec&iity Grants 
Suite 60 

ivic Art Collection 

:eet Artists Licenses 

Suite 70 

mmission Gallery 

Van N ess Avenue 

41S. 554. 6080 



'V-ITY.SFSU.EDU/SFAC/ 
I SiTHECITY.SFSU.EDU 



RCVD 



Wednesday August 11, J J99 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 
San Francisco, California 

AGENDA 



DOCUMENTS DEPT. 

AUG 2 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 



NOTICE: Requests to testify are accepted before the item on which the individual wishes to speak comes 
up for consideration. The Presiding Officer will also call for public testimony on agenda items either at 
the beginning of the meeting or prior on the vote on particular items. Public testimony shall be limited to 
three (3) minutes per person. No member of the public or witness shall cross-examine another member of 
the public or witness unless approved by the Program Committee. 

I. HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST 

ORDINANCE; HEARINGS AND POSSIBLE MOTIONS TO DENY, 
SUSPEND, OR REVOKE CERTIFICATES 

Martin Butschek - Certificate # 3300. Alleged violations: (1) Selling in a 
location not designated by the Board of Supervisors (Ord. 41-83, Sec. 2405(b) ; 
(2) Entering the name and certificate number of another artist onto a lottery slip 
and entering slip into the lottery (Ord. 41-83, Sec. 2406(e); Art Commission 
Lottery Rule VIII). 

Gerard Pepper Cracas - Certificate # 1908. Alleged violation: Selling in a 
location not designated by the Board of Supervisors (Ord. 41-83, Sec. 2405(b) ). 

Suong Nguyen - Certificate # 4843. Alleged violations: (1) Selling in a 
location not designated by the Board of Supervisors (Ord. 41-83, Sec. 2405(b) ); 
(2) selling while under certificate suspension (Sec. 2408). 




/t and County of 
San Francisco 



II. HEARING AND POSSIBLE MOTION TO APPROVE OR DENY 
CERTIFICATE 

Fernando Hechavarria - former Certificate # 4642. (On January 13, 1999 the 
Street Artists Program Committee found Mr. Hechavarria in violation of the 
street artist ordinance for offering for sale items not of his own creation and 
voted to not consider an application from Mr. Hechavarria for a new certificate 
until July, 1999 or later. Mr. Hechavarria applied July 7, 1999.) 



15 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



( 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 Agenda 
Page 2 



III. REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF STREET 
ARTISTS PROGRAM 

IV. PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENTATION 
OF PROPOSALS FOR NEW SELLING SPACES (At this time members of the 
public may address the Commission on items of interest to the public that are within the subject 
matter jurisdiction of the Commission except agenda items.) 

V. ADJOURNMENT 






ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to tlie needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the An Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



S F 



A C 



75 



M 



Richard Newirth 
tor of Cultural Affairs 



PROGRAMS 

Civic Design Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

ultural Equity Grants 
Suite 60 

Civic Art Collection 

Street Artists Licenses 

Suite 70 

Commission Gallery 

101 Van Ness Avenue 

415.554.6080 



Vthecity.sfsu.edu/sfac/ 
L: sfac@thecity.sfsu.edu 




;an francisco^arts commission 



.STREET ARTISTS PROGRAM COMMITTEE 

^August 11, 1999 

Arts Commission Conference Room, Suite DOCUMENTS DEPT 
25 Van Ness Avenue 
San Francisco, California AUG 2 4 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 



MINUTES 



City and County of 
San Francisco 



Commissioners present: Rod Freebairn-Smith, Steve Ishii, Denise Roth, 

Dugald Stermer 

Commissioners absent: Emery Rogers 

Staff present: Director of Cultural Affairs Richard Newirth 

Street Artists Program Director Howard Lazar 

Commissioner Stermer chaired the meeting and called it to order at 3:12 
p.m. 

I. HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST 
ORDINANCE; HEARINGS AND POSSIBLE MOTIONS TO DENY, 
SUSPEND, OR REVOKE CERTIFICATES 

Martin Butschek - Certificate # 3300. Alleged violations: (1) Selling 
in a location not designated by the Board of Supervisors (Ord. 41-83, 
Sec. 2405(b); (2) Entering the name and certificate number of another 
artist onto a lottery slip and entering slip into the lottery (Ord. 41-83, 
Sec. 2406(e); Arts Commission Lottery Rule VIII). 

Commissioner Stermer, acknowledging a letter received from Attorney 
Marlin V. Ogden on behalf of Martin Butschek requesting a 
rescheduling of the hearing, stated that the hearing would be 
rescheduled for the next Committee meeting in September. 

Gerard Pepper Cracas - Certificate # 1908. Alleged violation: 
Selling in a location not designated by the Board of Supervisors (Ord. 41- 
83, Sec. 2405(b) ). 

Commissioner Stermer, acknowledging a letter received from Attorney 
Marlin V. Ogden on behalf of Gerard Pepper Cracas requesting a 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 2 



rescheduling of the hearing, stated that the hearing would be 
rescheduled for the next Committee meeting in September. 

Suong Nguyen - Certificate # 4843. Alleged violations: (1) Selling in 
a location not designated by the Board of Supervisors (Ord. 41-83, Sec. 
2405(b) ); (2) Selling while under certificate suspension (Sec. 2408). 

Ms. Nguyen was not present. 

Program Director Lazar summarized the Committee's actions taken in 
the previous hearing with Ms. Nguyen on March 10, 1999: After 
acknowledging the evidence of Ms. Nguyen's selling in illegal locations 
in 4 incidents (1 incident for each of the preceding 4 years, with 2 of the 
incidents occurring in consecutive winter holiday seasons) and her 
receiving 3 warnings, the Committee had found that Ms. Nguyen's 
selling activity was "so chronic" that the Committee suspended her 
certificate for 3 months and voted that "any future violation of her 
selling in an illegal location would "be grounds for consideration of 
suspension of certificate for a minimum of 1 year or revocation." 

Just before her 3-month suspension period was due to terminate on June 
30 th , Ms. Nguyen was photographed by Police Officer Stewart Ng on 
June 18 th allegedly selling in an illegal location again - and, more 
seriously, selling while under suspension which in itself could merit a 2- 
month suspension under the Arts Commission's standard penalties for 
street artist violations. The photograph taken by Officer Ng was 
submitted as evidence. 

Officer Ng testified that on June 18 th , 12:40 p.m., he was assigned to the 
Financial District for a major demonstration called "Take Back Our 
Streets"; he was going to various locations where the demonstrators 
were heading when he observed Ms. Nguyen, whom he had cited during 
the previous winter holiday season, selling on Drumm Street, west side, 
south of Sacramento Street. Officer Ng, having worked the street artist 
detail for the Arts Commission for several years, knew that Ms. Nguyen 
was not in a location designated by the Board of Supervisors for street 
artists. He identified for the Commissioners the submitted photograph 






STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 3 



as the Polaroid photo he took of Ms. Nguyen. He stated that the vehicle 
shown in the photo as parked behind Ms. Nguyen's display was the same 
vehicle, a Toyota pickup truck, parked behind her display which he 
photographed last December. (The Commissioners observed the vehicle 
in the recent and previous photos.) The Officer went on to say that Ms. 
Nguyen's table display was "open for business" and displaying jewelry. 

In response to questions from the Program Director, Officer Ng stated 
that Ms. Nguyen had customers in front of her and was waiting on them; 
"she was conducting business". He added that he observed her in this 
activity for "approximately five minutes." 

Commissioner Stermer acknowledged a note in Ms. Nguyen's file which 
stated that on July 28 th Ms. Nguyen telephoned the office and stated 
that she would not appear at the August 11 th hearing and that she 
preferred to relinquish her certificate because she no longer had a use 
for it. With regard to this, the Program Director stated that Ms. Nguyen 
had come to the office (on July 8 th ) to renew her certificate, whereupon 
the Program Director informed her that there was a charge against her 
for having sold in an illegal location and during her certificate's 
suspension, that she would be notified of a hearing in August, and that if 
she chose to renew her certificate, she might be restricted to its use for 
only a month or a month and a half due to the possibility of its being 
suspended or revoked. Because Ms. Nguyen told him that she needed to 
sell, he informed her that she would have to renew the certificate if she 
intended to sell. The conversation was witnessed by the Program's 
Certification Clerk, Antoinette Worthy, who had referred Ms. Nguyen to 
the Program Director because she had not been certain as to whether 
she should renew Ms. Nguyen's certificate. Ms. Nguyen chose to renew. 

Commissioner Stermer asked the Program Director if, in his experience 
with her, she comprehended the regulations. The Program Director said 
that he felt she did and that, to the Commissioners at her last hearing, 
she had responded several times that she understood why she was being 
suspended and that she would not be able to sell for a duration of time. 

Director of Cultural Affairs Newirth stated that he remembered the 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 4 



Commissioners, at Ms. Nguyen's last hearing, commenting that her 
violations were so numerous that the Commissioners could not believe 
that she did not understand the rules even if she tried to convey the 
impression that she did not understand. 

Program Director Lazar stated that Ms. Nguyen had also received 3 
written warnings from the Program, as well as written citations from 
the Police officers who had cited her. The current violation was the 5 th 
such incident for which she was cited. 

Commissioner Freebairn-Smith moved that Suong Nguyen be found in 
violation of the street artist ordinance by selling in a location not 
designated by the Board of Supervisors, 5 th incident (Section 2405(b) ), 
and selling while under certificate suspension (Sec. 2408); that Ms. 
Nguyen's certificate be suspended for 12 months commencing September 
1, 1999; and that, should her certificate not be renewed prior to Ms. 
Nguyen's serving the entire suspension period, the balance of the 
suspension be served upon issuance of a new certificate. The motion was 
seconded by Commissioner Ishii and unanimously approved. 



II. HEARING AND POSSIBLE MOTION TO APPROVE OR DENY 
CERTIFICATE 

Fernando Hechavarria - former Certificate # 4642. 

The Commissioners reviewed that on January 13, 1999 the Committee 
had found Mr. Hechavarria in violation of the street artist ordinance by 
offering for sale items not of his own creation - commercially 
manufactured silver rings each imprinted on the inside of the band with 
the word "MEXICO" - and, because his certificate had expired, the 
Committee had voted to not consider an application from Mr. 
»' Hechavarria for a new certificate until July, 1999 or later. Mr. 
Hechavarria applied for a new certificate on July 7, 1999. 

The Program Director clarified that the Arts Commission in 1992 had 
revoked Mr. Hechavarria's first certificate, one of the findings being that 



STREET ARTISTS PROGAM COMMITTEE - August 11, 1999 

Page 5 



he had sold jewelry items not of his own creation. Then, in 1994, upon 
his request for a new certificate, the Program Committee heard evidence 
of incidents in which Mr. Hechavarria sold items not of his own creation; 
nevertheless, the Commission voted to approve his request and, in so 
doing, strongly warned him that if he violated any provision of the 
ordinance in the future, it would be grounds for a final revocation. What 
prevented the Commissioners at the January, 1999 hearing from 
revoking his certificate was that he had no certificate to revoke: it had 
expired, and, because of the Commission's Sec. 5 procedures pertinent to 
the severity of his offense (selling work he did not make), it could not be 
renewed without approval by the Program Committee. Rather than 
authorizing a renewal, the Committee in January chose to not consider a 
request from him for a new certificate until at least six months passed. 

In response to a question from Commissioner Ishii, Mr. Hechavarria 
stated that the crafts he intended to sell were the items he made himself 
for which he had been authorized by the Arts Commission to sell. 

Commissioner Stermer confirmed from him that the items he intended 
to sell would not be made in Mexico. 

Commissioner Roth questioned Mr. Hechavarria about the 1994 visit by 
the Commission's Advisory Committee of Street Artists and Craftsmen 
Examiners to his studio to watch him make his rings; the Commissioner 
ascertained that he understood, after discussions with the Advisory 
Committee, what items he was allowed to sell and what items he was 
not allowed to sell. 

In response to questions by Commissioners Roth and Stermer, Mr. 
Hechavarria confirmed that he understood what he was allowed to sell 
and not allowed to sell and the reason why he had been brought to 
hearing before the Program Committee in January. 

Program Director Lazar clarified that Mr. Hechavarria had been 
authorized to sell fabricated metal rings - not cast rings - and beadcraft, 
all of which had to be of his own creation. 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 6 



Commissioner Roth moved that Fernando Hechavarria be approved for 
issuance of a certificate; the motion was seconded by Commissioner Ishii 
and unanimously approved. 

The Program Director ascertained that Mr. Hechavarria understood he 
would not be able to receive the certificate until after the meeting of the 
full Commission on September 13 tl \ 



III. REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF 
STREET ARTISTS PROGRAM 

The Commissioners reviewed the following major accomplishments of 
the Street Artists Program for 1998 - 99: 

• The Program Director received the Public Managerial 
Excellence Award's Certificate of Merit "in recognition of managerial 
excellence and achievement by the Municipal Fiscal Advisory Committee 
to the Mayor." 

• The Program Director ascertained the Program's fund balance of 
$150,000 (at the start of 1998 - 99) of accumulated surplus license fees 
which had been missing for 4 years when the City went to a new 
computerized accounting system; in addition, $30,000 of this amount, 
was returned to the fund upon discovery of an accounting error in the 
Controller's Office. 

• The Program received Board of Supervisors approval of an 
ordinance establishing the Program's fund as an interest-bearing fund, 
the interest to be earned on any accumulated balance. 

• For the 17 th consecutive year, the Program received Board of 
" Supervisors approval of additional temporary selling spaces for street 

artists during the winter holiday season (52 spaces in the Downtown 
area, 7 spaces at Harvey Milk Plaza). 

• The Program received Board of Supervisors designation of 






STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 7 



temporary selling spaces on Grant Avenue to compensate for a loss of 
spaces during construction of the Levi store on Stockton Street. 

• The Program received Board of Supervisors approval of 15 
temporary spaces in North Beach and 11 temporary spaces at 
Fisherman's Wharf to compensate for a projected loss of 21 spaces at the 
Wharf during renovation of the Haslett Warehouse. 

• The Arts Commission adopted an amended agreement with the 
San Francisco Film and Video Arts Commission continuing to require 
film production companies to compensate street artists whose businesses 
are adversely affected during film production. 

• The Program hired off-duty Police officers during the winter 
holiday season in the Downtown area who issued a total of 44 citations 
to unlicensed vendors and confiscated unlicensed commercially 
manufactured merchandise (wristwatches, jewelry, sweaters, handbags, 
scarves, etc.) in 35 incidents - the merchandise loaded into Police vans 
and transported to Central Station. 

• The number of street artist certificate-holders was maintained 
at 400. 

• The Program scheduled 248 applicants for examination of their 
wares by the Advisory Committee of Street Artists and Craftsmen 
Examiners; of these, 149 were approved to start their own businesses. 

At Director Newirth's request, the Program Director informed the 
Commissioners of the background history and issues behind last month's 
request by Street Artists Bill and Bob Clark to the Arts Commission to 
ask the Board of Supervisors for a hearing on the street artist fees of 
prior years deposited into the General Fund. Last month the Program 
Committee had agreed to calendar the issue for the September meeting 
in order to receive possible evidence to support a request for a return of 
the money to the Program's fund and to consider asking the Board of 
Supervisors for a hearing on the matter. 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 8 



The Program Director summed up his perception of the Clarks' request: 
the Board of Supervisors to consider directing the Controller to (a) 
transfer from the General Fund approximately $200,000 in street artist 
fees collected from 1972 - 80 to the Program's special fund; (b) apply 
interest (at the rate it was during 1972 - 80) to this amount; and (3) 
apply interest to the surplus fees that have accrued in the Program's 
fund since the fund's establishment in 1980 - 81. 

Director Newirth clarified that the surplus fees have just started 
earning interest due to the recent passage of the ordinance making the 
Program's fund an interest-bearing fund. 

In response to a question by Commissioner Stermer, Program Director 
Lazar reported that the last time the street artist fee was raised was 8 
years ago. The surplus fees have helped to defray the Program's 
expenses and prevent a further fee raise; but last year's fee revenue 
shortfall and the current year's projected shortfall reveal the possibility 
of the surplus being absorbed at a rapid rate. The Program Director 
went on to say that he had figures to show that in 1972 - 80 the 
amounts of appropriation given by the Board of Supervisors to the Arts 
Commission to manage and enforce the street artist ordinance totaled 
less than a third of the total amount of street artist fee revenue 
deposited into the General Fund. 

Mr. Lazar also stated that the Program not only retained records of the 
deposits of 1972 - 80 but also had copies of letters from the Arts 
Commission Directors of that era and letters from the heads of the 
major merchant organizations in the city urging the Board of 
Supervisors to give the Arts Commission its own special fund (of 
certificate fees) whereby the Commission could adequately enforce the 
street artist ordinance. In response, the Supervisors in 1976 and 1979 
set up a fund limiting the Commission's usage of its fees and mandating 
the rest of the fee collection to revert to the General Fund. 

Director Newirth advised that the Commissioners obtain a clear legal 
opinion from the City Attorney on the Commission's role in this matter. 
He also commented that a portion of the issue was a philosophical 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 9 



debate and not so much a legal debate, that a request from the Program 
to return the funds would be based from a moral and philosophical 
realm; but if the request did not also have a sound legal base, he doubted 
whether it would be seriously considered. 

Mr. Newirth went on to say that all funds in the City earn interest; very 
rarely is it applied to a special fund unless legislation provides for the 
fund to bear interest. That was why legislation was just passed for the 
Street Artists Program's fund to bear interest. To request interest on 
the fund's principal for years past could possibly be considered as 
requesting after the fact. Finally, with regard to possibly pursuing the 
return of previous revenue in order to further defer a fee increase, he 
stated that each year the Commission has to report to the Controller's 
office its current and projected expenses and revenues and to determine 
a fee that will cover the expenses, regardless of whether the Program 
had a surplus or a deficit in the previous year. 

Commissioner Stermer stated that he did not wish to hold a hearing on 
the issue until the City Attorney's office thoroughly researched it. It 
would be a waste of time to hold such a hearing if the City Attorney were 
to advise that there were absolutely no grounds for submitting the 
request to the Board of Supervisors. On the other hand, if a legal 
opinion were to state that there are grounds to request the return of the 
money, then the Commission could approach a Supervisor to carry the 
request to the Board. 

Commissioner Roth stated that she would not be surprised if there was 
another City agency which has had a similar problem for which a legal 
opinion would have been written. She also asked that the Clarks submit 
their arguments to the Program Committee in writing for conveyance 
with the Program Director's research to the City Attorney. 

Commissioner Roth moved to defer the hearing on the request to such 
time as an opinion is received from the City Attorney; the motion was 
seconded by Commissioner Freebairn-Smith and unanimously approved. 

The Commissioners asked that the Clarks be requested to furnish the 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 10 



Program Director with a letter stating their arguments and any 
accompanying copies of legal material they feel is relevant to the issue 
for forwarding to the City Attorney. 



On another matter, the Program Director reported that some observers 
have expressed that the Arts Commission did not receive a fair hearing 
at the Board of Appeals in the recent appeal of Harold Brennan vs. Arts 
Commission because the Board overruled the Commission by 
determining that the applicant's items constituted "art" in the context of 
museum art, that the applicant's items would be "good for San 
Francisco" (as expressed by one Board member), and for "humanitarian" 
(the word used by another Board member) reasons. Such grounds - it 
was expressed to the Program Director - were not relevant to the voter- 
approved street artist ordinance which provides no definition of "art," 
makes no provision for a certificate to be issued on the basis of whether 
an applicant's items may be considered "art," makes no provision for a 
certificate to be issued on the basis of whether the items will benefit San 
Francisco, and makes no provision for a certificate to be issued for a 
"humanitarian" reason. The ordinance provides, simply, that an 
applicant shall receive a certificate if the applicant's item is verified as a 
"handcrafted item" which the ordinance defines as "an item 
predominantly created or significantly altered in form by the street 
artist." 

Commissioners Roth and Stermer, who had spoken at the appeal, 
related the actions of the Board. Commissioner Stermer stated that one 
of the members made an argument of aesthetics in favor of the 
appellant, and that, regardless of whether the Board members were 
qualified to make such arguments, the Arts Commissioners were not 
qualified to accept or reject any street artist applicant based on 
aesthetics. Nevertheless, it was evident the Board members felt they 
were qualified to overrule the Arts Commission on aesthetics grounds - 
a situation which, he said, seemed wrong. 

Director Newirth questioned how the Board could consider itself to have 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 11 



the expertise to make a better decision than a body who was specifically 
appointed to delioerate in street artist matters and who spent much 
more time than the Board of Appeals in viewing the applicant's items. 

Commissioner Stermer stated that the problem was not only that the 
Board members did not have the expertise and did not research the 
issue but that they ignored the memoranda sent to them which stated 
the ground rules that had to be followed by both the Arts Commission 
and the Board of Appeals. The Board members - with the exception of 
one who voted to not overrule - chose to ignore the reasons why the Arts 
Commission may accept or reject and instead chose to accept the 
applicant for their own reasons which had nothing to do with the ground 
rules. 

Director Nowirth stated that theoretically the grounds for an appeal is 
that tiiere was something wrong in the review process; if an appeals 
body considers anything other than a flaw in the process, it runs astray 
of the subject. Commissioner Stermer agreed and stated that the 
appellant, Mr. Breiman, had received not 1 but 5 fair hearings with the 
Arts Commission. 

Program Director Lazar mentioned that the Board members also ignored 
the fact that the appellant was selling his items on the street without a 
license - a fact that was reported to the Board several times both 
verbally and m writing. This unlicensed activity alone, according to the 
street artist ordinance, was grounds to deny any applicant a certificate. 

Commissioner Stermer expressed frustration in being an artist who did 
not permit himself at the Board hearing to discuss "ait" with respect to 
the appellant's items, as this, he knew, would have given the Board 
grounds to overrule the Commission; yet the Board members, who were 
not artists, kept speaking forth the issue of "art" as one of the reasons to 
overrule the Commission. 

The Commissioners acknowledged that the one Board member 
(Commissioner Arnold Chin) who had voted to net overrule the 
Commission had expressed his view that the Arts Commission had acted 



STREET ARTISTS PROGRAM COMMITTEE - August 11, 1999 

Page 12 



in accord with the limits of the street artist ordinance and he stated, 
ironically, that he himself was married to an artist. 

Commissioner Roth stated that it had been apparent that, with the 
exception of Commissioner Chin, the Board members had not read the 
Program Director's letters about the case that had been sent to them. 
When Director Newirth had told the Board that the appellant could 
qualify to continue his activities under a charitable solicitors permit, the 
Board had asked what such a permit was and which department issued 
it - all of which had been answered in the letters. 



IV. PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE PRESENT- 
ATION OF PROPOSALS FOR SELLING SPACES 

There was no public comment. 



There being no further business, the meeting adjourned at 4:42 p.m. 

Respectfully submitted: 

Howard Lazar 

Street Artists Program Director 



S F 



A C 



Richard Newirth 
or of Cultural Affairs 



'•75 



Ml 



PROGRAMS 



Civic Desicn Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

ltural Equity Grants 
Suite 60 

Civic Art Collection 

treet Artists Licenses 

Suite 70 

ommission Gallery 

)1 Van Ness Avenue 

415. S54. 6080 



'/xity.sfsu.edu/sfac/ 
ac@th ecity.sfsu.edu 



) 




ity and County of 
San Francisco 



DOCUMENTS DEPT. 
;AN FRANCISCO ARTS COMMISSION g Ep g 3 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 

^STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, (Septe mber 8, 199SL ^> 
3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 
San Francisco, California 

,A G E N D A 

NOTICE: Requests to testify are accepted before the item on which the individual wishes to 
speak comes up for consideration. The Presiding Officer will also call for public testimony 
on agenda items either at the beginning of the meeting or prior on the vote on particular 
items. Public testimony shall be limited to three (3) minutes per person. No member of the 
public or witness shall cross-examine another member of the public or witness unless 
approved by the Program Committee. 

I. HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST 
ORDINANCE; HEARINGS AND POSSIBLE MOTIONS TO 
DENY, SUSPEND, OR REVOKE CERTIFICATES 

Martin Butschek - Certificate # 3300. Alleged violations: (1) 
Selling in a location not designated by the Board of Supervisors (Ord. 
41-83, Sec. 2405(b) ; (2) Entering the name and certificate number of 
another artist onto a lottery slip and entering slip into the lottery 
(Ord. 41-83, Sec. 2406(e); Art Commission Lottery Rule VIII). 
(hearing rescheduled from 8/11/99) 

Gerard Pepper Cracas - Certificate # 1908. Alleged violation: 
Selling in a location not designated by the Board of Supervisors (Ord. 
41-83, Sec. 2405(b) ). 
(hearing rescheduled from 8/1 1/99) 

II. HEARING AND POSSIBLE MOTION TO APPROVE 
PROPOSAL BY PROGRAM DIRECTOR FOR BOARD OF 
SUPERVISORS DESIGNATION OF TEMPORARY WINTER 
HOLIDAY SELLING SPACES FOR STREET ARTISTS IN THE 
DOWNTOWN AREA AND AT HARVEY MILK PLAZA, FOR 
NOVEMBER 15, 1999 - JANUARY 15, 2000 

The Program Director proposes the same 52 temporary selling 
spaces in the Downtown area as had been designated for the last 6 
winter holiday seasons, plus 4 former temporary spaces ("Z-32", 
"Z-33", "Z-34", "Z-35") on Sansome Street, west side, at Sutter Street 



; 1 S V , 



Mccc Awe 



t c 1/1(1 



FoiM<~isr~r» C A Q41D9 



tfi 4 1 S 9 S? 9S9D 



pay 4 1 S 9 S 9 9 S 9 S 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 Agenda 

Page 2 



(adjacent to BART wall and Citicorp), and 4 new temporary spaces 
on the northwest corner of Post and Montgomery Streets (adjacent to 
Wells Fargo Bank); and the same 7 temporary selling spaces at 
Harvey Milk Plaza as had been approved the last 4 winter holiday 
seasons and the winter holiday season of 1992-93; all temporary 
spaces to be for the same time period as had been approved for the 
last 9 years. 

III. HEARING AND POSSIBLE MOTION TO APPROVE THE 
ELIMINATION OF LIMITED EDITION NUMBERS PROVIDED 
BY CURRENT SCREENING CRITERIA FOR ART AND CRAFT 
ITEMS REPRODUCED BY THIRD PARTIES 

IV. HEARING AND POSSIBLE MOTION TO APPROVE 
RECOMMENDATION (JULY 29, 1999) OF ADVISORY 
COMMITTEE OF STREET ARTISTS AND CRAFTSMEN 
EXAMINERS AMENDING SCREENING CRITERLA BY 
REQUIRING ARTISTS TO ATTACH TO THE BACK OF EACH 
PRINT, CREATED BY THE ARTIST OR REPRODUCED BY A 
THIRD PARTY, AN "EDITION STATEMENT" CONTAINING 
NAME OF ARTIST AND TYPE (MEDIUM) OF PRINT; 
OPTIONAL STATEMENT SPECIFYING MEDIUM OF 
ORIGINAL ARTWORK, YEAR OF ORIGINAL ARTWORK, AND 
YEAR OF PRINT 

V. REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF 
STREET ARTISTS PROGRAM 

VI. PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE 
PRESENTATION OF PROPOSALS FOR NEW SELLING 
SPACES (At this time members of the public may address the 
Commission on items of interest to the public that are within the 
subject matter jurisdiction of the Commission except agenda items.) 

VII. ADJOURNMENT 



ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies zoill make reasonable accommodations to tlie needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the An Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meetings are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersection of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



< 



S F 



A C 



Richard Newirth 
r of Cultural Affairs 



JAN FRANCISCO>RTS COMMISSION 



PROGRAMS 

Civic Design Review 

Community Arts 

&. Education 

Performing Arts 

Public Art 

tural Equity Grants 
Suite 60 

Iivic Art Collection 

rest Artists Licenses 

Suite 70 

ommission Gallery 

1 Van N ess Avenue 

415.554.6080 



DOCUMENTS DEPT. 

SEP 2 2 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 

, STREET ARTISTS PROGRAM COMMITTEE 

September 8, 1999 

Arts Commission Conference Room, Suite 70 

25 Van Ness Avenue 

San Francisco, California 

.MINUTES 

Commissioners present: Emery Rogers, Rod Freebairn-Smith, Steve Ishii, 

Denise Roth, Dugald Stermer 

Commissioners absent: None 

Staff present: Director of Cultural Affairs Richard Newirth 

Street Artists Program Director Howard Lazar 



rHECITY.SFSU.EDU/SFAC/ 
SF*C@TH ECITY.SfSU.EDU 



Commissioner Stermer called the meeting to order at 3:09 p.m. and chaired 
the meeting until Commissioner Rogers' arrival at 3:19 p.m., whereupon 
Commissioner Rogers chaired the remainder of the meeting. 



Items III and IV were taken out of order of the agenda and heard simultan- 
eously: 

III. HEARING AND POSSIBLE MOTION TO APPROVE THE ELIM- 
INATION OF LIMITED EDITION NUMBERS PROVIDED BY 
CURRENT SCREENING CRITERIA FOR ART AND CRAFT 
ITEMS REPRODUCED BY THIRD PARTIES 




IV. HEARING AND POSSIBLE MOTION TO APPROVE RECOM- 
MENDATION (July 29, 1999) OF ADVISORY COMMITTEE OF 
STREET ARTISTS AND CRAFTSMEN EXAMINERS AMEND- 
ING SCREENING CRITERIA BY REQUIRING ARTISTS TO 
ATTACH TO THE BACK OF EACH PRINT, CREATED BY THE 
ARTIST OR REPRODUCED BY A THIRD PARTY, AN 
"EDITION STATEMENT" CONTAINING NAME OF ARTIST 
AND TYPE (MEDIUM) OF PRINT; OPTIONAL STATEMENT 
SPECIFYING MEDIUM OF ORIGINAL ARTWORK, YEAR OF 
ORIGINAL ARTWORK, AND YEAR OF PRINT 



City and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 2 



The Commissioners reviewed the history of hearings on these issues 
conducted by both the Program Committee and the Advisory 
Committee of Street Artists and Craftsmen Examiners. At the March 
10, 1999 Program Committee meeting, the Commissioners had 
expressed a reluctance to supporting a recommendation of limited 
editions on third-party produced prints of an artist's original work. 
Commissioner Rogers had said he would entertain a motion to 
eliminate the edition limitations in the existing screening criteria; 
prior to doing so, however, the Program Committee voted to direct the 
Advisory Committee to conduct another hearing on the matter. 

Program Director Lazar reported that the Advisory Committee met to 
consider the issue; its members expressed that they had thoroughly 
discussed the issue with the street artists in two previous hearings, 
and chose to re-submit it to the Program Committee without 
endorsement of, or protest against, a possible motion to eliminate the 
limited edition criteria. The Advisory Committee went on to 
recommend that the Commission require the artists to provide an 
"edition statement" attached to the back of each print, specifying 
simply the name of the artist and the type or medium of the print. The 
Advisory Committee also recommended that the artists be urged, but 
not required, to include a statement of the medium of the original 
artwork and the year the print is made. 

Street Artist Sharon MacDougall, who sells prints of her paintings, 
endorsed the recommendation for a simple statement expressing the 
type of print the public would be purchasing; she also favored having 
this expressed in a sign on the artist's table. 

Street Artist Matt Summers , who sells photographs, objected to the 
Advisory Committee's suggestion that an artist label the date of an 
item's conception, as this could be detrimental to a photograph's 
essence of timeliness. He also objected to any permanent attachment 
of an edition statement to the back of a print, as this could reduce the 
print's ultimate antique value. 

Commissioner Stermer stated that it would be left up to the artist to 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 3 



determine how the edition statement would be displayed with the 
print. 

Street Artist Mark Monsarrat, who sells prints of his paintings and 
drawings, stated that, rather than require the statement to be enclosed 
with each print, it should be sufficient to have a sign on the artist's 
display. 

Street Artist Barbro Haglund, who sells photographs, stated that she 
felt the Advisory Committee's recommendation was a reasonable 
solution to the issue of whether or not limited editions should be 
retained in the screening criteria. 

Commissioner Roth stated that, given the minimum amount of 
information that would be required, she did not see any difficulty for 
an artist to attach the statement to each print. 

Director Newirth stated that, while some artists were objecting to 
having to attach an edition statement, the artists had to realize that 
such labeling on each print would be linked to the elimination of the 
criteria for limited editions. He added that he felt that a requirement 
for a sign in lieu of the edition statement for each print would be more 
problematic. 

In response to a question by Commissioner Freebairn-Smith, Program 
Director Lazar stated that he had heard from many artists on the 
street that they favored a requirement for an attached statement to 
each print because some artists were giving a half truth by telling the 
public that their prints were their "original work" and not that they 
were reproductions of their original work, and this has resulted in the 
relatively low prices of laser-copy prints undermining the sales of 
those artists who sell originals. This has also happened in cases 
whereby an artist will sell a fabricated metal ring for $5, tell the 
customer that the ring is "sterling silver," and the same customer will 
then criticize another artist for charging too much for his rings which, 
in truth, are sterling. 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 4 



The Program Director expressed his view that the Advisory 
Committee's recommendation for "truth in advertising" would not only 
deter such situations and the ill will among artists arising therefrom, 
but it would also deter criticism of the Arts Commission from 
customers discovering that the quality of the item they purchased was 
not what they had been led to believe. Because there is a big difference 
between a laser-copied print, an offset lithograph, and a hand-pulled 
monoprint, the prices of these vary accordingly; and the Street Artists 
Program should do what it can to help the public understand why the 
prices vary. 

Commissioner Roth moved to approve the elimination of the limited 
edition numbers provided by the current screening criteria for art and 
craft items reproduced by third parties; the motion was seconded by 
Commissioner Rogers and unanimously approved. 

Commissioner Roth moved to approve the recommendation of the 
Advisory Committee of Street Artists and Craftsmen Examiners 
amending the screening criteria by requiring street artists to attach to 
the back of each print, created by the artist or reproduced by a third 
party, an "edition statement" containing the name of the artist and the 
type (medium) of the print; the motion was seconded by Commissioner 
Ishii and unanimously approved. 

Chairman Rogers requested that the Committee take up Item I of the 
agenda: 

I. HEARINGS ON ALLEGED VIOLATIONS OF STREET ARTIST 
ORDINANCE; HEARINGS AND POSSIBLE MOTIONS TO 
DENY, SUSPEND, OR REVOKE CERTIFICATES 

Martin Butschek - Certificate # 3300. Alleged violations: (1) 
Selling in a location not designated by the Board of Supervisors (Ord. 
41-83, Sec. 2405(b); (2) Entering the name and certificate number of 
another artist onto a lottery slip and entering slip into the lottery (Ord. 
41-83, Sec. 2406(e); Arts Commission Lottery Rule VIII). (hearing 
rescheduled from 8/11/99) 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 5 



Program Director Lazar submitted as evidence a copy of the Police 
citation issued by Officer Stewart Ng to street artist Martin Butschek 
for selling in an illegal location on Friday, July 2, 1999, at 7:21 p.m., on 
Jefferson Street, west of Jones Street. 

Officer Ng testified that on the day of the incident he was not detailed 
to patrol the Street Artists Program but to post notice of the 4 th of July 
weekend celebration at Fisherman's Wharf. When he was coming 
down Jefferson Street, about 70 feet past Jones Street, he observed 
street artists Martin Butschek and Gerard Pepper Cracas "with their 
display up" in a location that was not approved by the Board of 
Supervisors for street artists. The officer wrote "307 Jefferson" on the 
citation to reflect the location and number of the adjacent parking 
meter. 

Officer Ng submitted to the Commissioners photographs of the 
location, taken after the incident, and identified the location of where 
he had found the two artists, the adjacent parking meter, and a view of 
Jefferson Street as observed westbound from Jones. 

The officer related that, when citing the two, Mr. Butschek told him 
that he had permission from The Anchorage Shopping Center to 
conduct business in the location, whereupon the officer advised him 
that the location - a public sidewalk fronting The Anchorage — was not 
part of The Anchorage property. 

In response to questions by Program Director Lazar, Officer Ng 
clarified that the two artists were working off of one display, that the 
display was on the public sidewalk which is under the control of the 
Police Department on behalf of the Port Commission, and that the 
artists had no permission from either authority to be there. 

At the request of the Chair, the Program Director summarized the 
history of the past 10 years of Mr. Butschek's selling in illegal 
locations. The present citation marked the 10 th time that he had been 
officially observed selling in an illegal location. The history included 
his serving 3 suspensions of certificate for having committed the same 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 6 



type of violation. His 2 nd violation caused the Arts Commission to 
suspend his certificate for 3 weeks from November 23 - December 13, 
1988, an action which was appealed to, and upheld by, the Board of 
Appeals. His 7 th violation caused the Commission to suspend his 
certificate for 3 weeks for the summer season of 1994, an action which 
was also appealed to the Board of Appeals who, in this instance, 
upheld the suspension's duration but mitigated it by directing it to 
occur in an inconsequential selling period, the month of March. His 9 th 
violation - occurring only 11 months after his serving his previous 
suspension — caused the Commission to suspend his certificate for 6 
weeks for the critical selling months of May and June, 1995, an action 
which was not appealed. 

According to the history, Mr. Butschek had received 4 warnings from 2 
Street Art Inspectors and the Street Artists Program Director. Nine 
out of his 10 violations occurred on Jefferson Street which is under the 
authority of the Port Commission who, in 1995, insisted that all street 
artists who sell on Jefferson Street sign an "Acknowledgment of 
Receipt of Port Commission Conditions of Use of Street Artist Selling 
Spaces on Port Property" in order to promise to "comply with all 
applicable laws, rules and regulations of the Port governing use of 
street artist spaces on Port property." Mr. Butschek signed such a 
statement on July 14, 1995, after which he continued to violate up to 
the present incident. 

Three and a half years after signing the Port's statement, Mr. 
Butschek made a 2 nd promise to comply with the rules. This was after 
he was observed for the 2 nd time committing a different violation - 
exceeding the display size regulations - and for this he received a 
letter from the Program Director (after first receiving a written 
warning) that stated his certificate would not be renewed unless he 
met with the Program Director to discuss all street artist regulations 
and promised in writing to comply. He signed such a statement to the 
Arts Commission promising "that from now on he will abide by all of 
the regulations of the street artist ordinance ..." and that "he fully 
understands the provisions of the street artist ordinance pertinent to 
his certificate and conduct as a street artist." 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 7 



Just 4 % months later, on July 2, 1999, he was observed by Officer Ng 
selling in an illegal location for the 10 th recorded time. 

Mr. Butschek stated that he was a street artist for the past 26 years 
and had a long history with the Street Artists Program. He referred 
the Commissioners to Page 185 of the Program's handbook, the 
"bluebook", which reflects a resolution taken by the Arts Commission 
on April 7, 1987, providing for a "TIME LIMIT OF THREE YEARS ON 
COUNTING AN ARTIST'S VIOLATIONS OF SECTION 2405, ORD. 
41-83." He expressed that he felt he was being discredited by the 
Program Director's bringing up the 10-year history of previous 
violations. Also, he had served suspensions for these violations. 

Mr. Butschek went on to say that he and Gerard Pepper Cracas had 
received permission from The Anchorage to sell; they had sought this 
because, during summer, there were not enough locations at the Wharf 
to accommodate the artists. He submitted a letter from Kevin P. 
Brown, Marketing Director, The Anchorage, which stated: "Martin 
Butshek, Michael Rosenthol and Gerard Pepper Cracas have my 
permission to set up their cartoon booths at The Anchorage Shopping 
Center on Fisherman's Wharf. ..." Mr. Butschek said that it was his 
impression that he and Cracas could sell anywhere on The Anchorage 
property. 

Mr. Butschek submitted photos of the sidewalk in question and stated 
that the sidewalk was different in "look" from other sidewalks of The 
Anchorage. He stated that Officer Ng had cited them also in 1995, and 
that he, Butschek, questioned the reason for the officer's citing them in 
the current incident when the officer ignored 9 other artists selling 
illegally in the next block on Jefferson Street. He added that the 
officer "had a beef with him, and that, despite the Program Director's 
characterization of Butschek and Cracas as continuous violators, no 
officer other than Ng had cited them in the past 4 years. 

Commissioner Rogers stated that, while he himself was familiar with 
The Anchorage, having done its landscape architecture, it was hard to 
discern the difference between private and public property at the 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 8 



shopping center. If Butschek had been selling on private property, 
Officer Ng would have been out of line; but the officer, Commissioner 
Rogers stated, was very cognizant of The Anchorage's private property 
boundaries and it was clear in the officer's mind that Butschek was on 
the public sidewalk. The Commissioner added that he felt Mr. 
Butschek had been "quite well aware of where" he was. He asked Mr. 
Butschek to state whether he was on the public sidewalk or on The 
Anchorage property when he was cited. 

Mr. Butschek replied that he was not aware that it was not The 
Anchorage property. 

The Commissioner concluded that it was "hard to believe that 
somebody who has worked at the Wharf as long as" Butschek had 
"wouldn't know whether you were on the sidewalk or on Anchorage 
property." 

In response to a question by Commissioner Rogers, Officer Ng stated 
that it was easy to discern the difference because the line of the 
building is the property line. 

Commissioner Rogers stated that he considered Officer Ng to be a 
"very fair-minded person" and, if the officer felt that Butschek was 
confused about where he was, he would have asked Butschek to either 
move onto The Anchorage property or pack up and leave. Instead, he 
chose to cite him; and this was an indication that it was very clear to 
the officer that Butschek knew he was on public property, 

In response to a another question by Commissioner Rogers, Officer Ng 
said he knew that Butschek and Cracas had permission to be on The 
Anchorage property; they had been on The Anchorage property; they 
knew where it was; and they sold inside the mall. In his discussion 
with them, he explained where the property line was, and "they were 
well aware they were on City property." He added that, after citing 
them on July 2 nd , they were observed selling in the same location on 
July 4th. 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 9 



Mr. Butschek responded that every July 4 th for the past 3 years 
everyone sells on the street itself due to the overcrowding of the 
sidewalk. 

In response to a question by Commissioner Roth, Mr. Butschek said he 
had been selling in The Anchorage for 2 years. The Commissioner 
then noted that, after selling in The Anchorage for 2 years, Mr. 
Butschek had stated that he had not known its property line. 

In response to a question by Commissioner Rogers, Mr. Butschek 
stated that he was a "funsketcher." The Commissioner noted that a 
special sidewalk had been reserved by the Program for "funsketchers" 
and portrait artists despite the summertime pressure for spaces for all 
artists. 

Commissioner Freebairn-Smith ascertained from the Program Director 
that there are roughly 90 viable selling spaces at the Wharf and asked 
rhetorically, "How many other street artists are tempted on a great 
day at the Wharf ... to sell illegally?" The Commissioner concluded 
that a great number of artists restrained themselves from doing so. 

Commissioner Stermer stated that "just because 500 people run red 
lights," this gives no excuse for the 501 st who gets caught and asks to 
be let off. The issue was whether Mr. Butschek knew he was on public 
property. Commissioner Stermer concluded that he was convinced that 
Butschek did know, and he even sold in the same location 2 days later. 

Mr. Butschek told the Commissioners that, according to the Program's 
"bluebook," his current offense should be considered as the 1 st offense 
in a 3-year period "and the book says that the rest should be forgotten." 

Program Director Lazar countered this by questioning whether the 
Department of Motor Vehicles would ignore the previous red light- 
running history of a driver who resumes running red lights. He called 
Mr. Butschek's pattern of violation "a blatant situation." He further 
reiterated that Butschek had signed statements promising to obey all 
the regulations, one of the statements being for the Port Commission; 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 10 



and the artists and the Arts Commissioners were all well aware of the 
tenuous existence of the spaces that were granted by the Port. The 
Program Director questioned how a person could sign 2 statements 
that he understood all the rules and then, 4 X A months after signing the 
last statement, deliberately break a rule - in fact, the same rule he had 
broken 9 times before and for which he had served 3 suspensions. 
While the violator could point to "the letter of the law" in observing the 
provision for a 3-year period for a violation, the 10-year history of the 
same violation should not be forgotten. 

The Commissioners heard the 2 nd charge against Mr. Butschek. The 
Program Director outlined an event at the street artist lottery whereby 
Mr. Butschek, on July 20, 1999, allegedly entered the name of another 
artist, his son Michael Rosenthal, into the lottery without the artist 
being present. According to the report received, none of the street 
artist lottery helpers filled out the lottery slip for the individual. The 
artist who ran the lottery, Robert Siu, prevented the slip from being 
used to obtain a space. 

In response to a question by Commissioner Stermer, the Program 
Director stated that he had no record of Mr. Butschek's having done 
this before. 

The Commissioners acknowledged that, through the years, there were 
cases of artists allowed to enter into the lottery the names of other 
artists (usually family unit members) who could not physically 
participate due to medical reasons, and this had been allowed when 
the individuals had previously submitted medical documentation to 
the Program Director who, on their behalf, requested the Lottery 
Committee to make the allowance. 

Mr. Butschek stated that his son, Michael Rosenthal, drove up to the 
lottery in his car. Prior to this, Mr. Rosenthal had suffered an 
automobile accident which had put him in a hospital. Mr. Butschek 
submitted a copy of a Police report regarding the accident. Mr. 
Butschek went on to say that on Beach Street (where the lottery is 
held) many artists double-park and gesticulate to the lottery workers 






STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 11 



that they are present so that the workers can put their names in the 
lottery. On the day of the lottery incident, Mr. Butschek was 
concerned for his son's safety and did not want him to double-park and 
risk being rear-ended. Michael, he said, wrote his name on the slip for 
entry into the lottery. Mr. Butschek added that no violation of the 
lottery occurred. 

Commissioners Rogers and Stermer observed that no violation 
committed by Michael Rosenthal had occurred because the slip was 
caught before it could be used to obtain a space. 

Street Artist Robert Siu testified that he was the lottery worker on the 
day of the incident, that he saw Mr. Butschek "writing hastily" on a 
slip in the pad of slips, and that when he retrieved the pad he saw the 
last slip which bore Michael Rosenthal's name. He questioned 
Butschek about whether his son was present; Butschek told him that 
he had gone to park his car. Mr. Siu told the Commissioners that he 
did not see Rosenthal at the lottery. Rosenthal himself, he said, could 
have honked his car horn to tell the lottery workers he was present 
and intended to be in the lottery; but this had not occurred. After the 
lottery, he said, Butschek "threatened him" that if he sold illegally, 
Butschek would report him. Other artists heard this and encouraged 
Siu to call the Program Director. 

The Commissioners reviewed the evidence of 2 lottery number-pull out 
sheets which listed Rosenthal's certificate as having been entered into 
the lottery and pulled for ultimate use in obtaining a space. 

Program Director Lazar commended Mr. Siu for doing what is expected 
of any lottery worker in a similar situation: preventing a violation of 
the lottery procedure and coming forward to testify. 

Mr. Butschek stated that Siu and he "have a history of personal 
problems." He said that Siu's intention was not to tell the truth but to 
make a problem for him at this hearing. Butschek himself has 
submitted a complaint to the Program Director of Siu's selling illegally 
and "using his girlfriend's number to obtain a selling space." Butschek 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 12 



presented lottery slips bearing Rosenthal's name and number which, 
he said, Rosenthal wrote himself to enter into the lottery that day. 

Commissioner Rogers observed that Rosenthal's accident occurred on 
March 23 rd while the lottery incident occurred four months later 
on July 20 th . 

Mr. Butschek reiterated that, on the day of the lottery, he was 
concerned about his son's safety and asked him to park the car rather 
than risk another accident. 

Commissioner Stermer commented that, if the accident had been 
serious enough to affect Rosenthal's ability to participate in the lottery, 
it would have been a simple matter to have informed the Program 
Director and obtained an allowance for Butschek to enter his son's 
name into the lottery. The Commissioner went on to say that to bring 
up a son's accident was "exploitive" — especially since the accident 
happened 4 months before. To Butschek, the Commissioner stated: "I 
really find it amazing that a person who makes a living in such a 
demanding craft as yours could endanger that living by spending all 
this time shaving the rules. And that's all that you have been talking 
about - shaving the rules ... in ways that are very important to this 
Program and to all the other salespeople. ..." 

Commissioner Rogers stated that he had "observed enough street 
artist lotteries to know that there is a great deal of trust" between the 
artists running the lottery and the artists trying to obtain spaces; he 
did not appreciate that the lottery procedures had been violated. He 
commended Commissioner Stermer for his stated position, and 
expressed his view that Mr. Butscek had committed "a very serious 
pair of infractions." 

Commissioner Stermer moved that Martin Butschek be found in 
violation for selling in a location not designated by the Board of 
Supervisors and for entering the name and certificate number of 
another artist into the lottery; the motion was seconded by 
Commissioner Roth and unanimously approved. 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 13 



Commissioner Stermer stated that he considered that "making a living 
by drawing pictures is one of the hardest things you can do in life" and 
this had to be considered in meting out a penalty. 

Commissioner Freebairn-Smith stated that he felt "we're dealing with 
a chronic thing that's going to go on" and that "we must be fair to the 
other artists in reference to this and therefore probably be tougher 
than our sensitivity to" an artist's "livelihood." 

Commissioner Stermer moved that Mr. Butschek's certificate be 
suspended for a period of six months, comprising three months for each 
charge and running consecutively; the motion was seconded by 
Commissioner Roth and unanimously approved. 

Gerard Pepper Cracas - Certificate # 1908. Alleged violation: 
Selling in a location not designated by the Board of Supervisors (Ord. 
41-83, Sec. 2405(b) ). (hearing rescheduled from 8/11/99) 

In response to questions by Program Director Lazar, Officer Stewart 
Ng testified that Mr. Cracas's violation occurred on the same date 
(July 2, 1999), at the same time (7:21 p.m.), and in the same location 
Jefferson Street, west of Jones Street) as Martin Butschek's violation; 
the Officer stated that he could not add anything more to the 
testimony he had previously given in the Butschek hearing. 

The Program Director summarized the history of observations of Mr. 
Cracas selling in illegal locations. The current violation marked the 
12 th incident of his having done so over the past 10 years. All 12 of his 
violations occurred on Jefferson Street, which is under the jurisdiction 
of the Port Commission. Like Mr. Butschek - and on the same day - 
Mr. Cracas on July 14, 1995 signed an "Acknowledgment of Receipt of 
Port Commission Conditions of Use of Street Artist Selling Spaces on 
Port Property," promising to "comply with all applicable laws, rules 
and regulations of the Port governing use of street artist spaces on Port 
property." After signing this statement, Mr. Cracas continued to 
violate. 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 14 



Over the past decade, Mr. Cracas received 3 warnings issued by 2 
Street Art Inspectors and the Street Artists Program Director. His 6 th 
and 7 th violations caused the Arts Commission to suspend his 
certificate for 3 weeks, congruently with Butschek's suspension, for the 
summer season of 1994, an action which was appealed to the Board of 
Appeals who upheld the suspension's duration but mitigated it to 
occur, with Butschek's suspension, in the inconsequential selling 
month of March. Mr. Cracas's 9 th violation, occurring on the same day 
as Butschek's, caused the Commission to suspend his certificate, 
congruently with Butschek's suspension, for 6 weeks for the critical 
selling months of May and June, 1995, an action which he chose, like 
Butschek, not to appeal. 

Two years later he was observed selling on 2 occasions in illegal 
locations on Jefferson Street during the summer - his 10 th and 11 th 
violations. 

Four years later, after he was caught, along with Butschek, exceeding 
the display size regulations, Mr. Cracas received the Program 
Director's letter (following a written warning) stating his certificate 
would not be renewed unless he met with the Program Director and 
promised in writing to comply. At the same time Butschek signed his 
own such statement, Cracas signed a statement to the Arts 
Commission promising "that from now on he will abide by all of the 
regulations of the street artist ordinance ..." and that "he fully 
understands the provisions of the street artist ordinance pertinent to 
his certificate and conduct as a street artist." 

Just 4 V2 months later (July 2, 1999), he and Butschek were observed 
by Officer Ng selling in an illegal location on Jefferson Street - 
Cracas's 12 th such recorded violation. 

Mr. Cracas stated that the citation came from Officer Ng "because of 
our relationship with him." He went on to say that the 4 th of July 
weekend was exceptional in that "different procedures are followed ... 
namely, that the street gets closed off ... something like 80 people sell 






STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 15 



. . . officially illegally but are allowed to sell on that weekend; the whole 
2 blocks are filled with street artists. And with that in mind, I just 
appeal to the Committee for leniency ..." 

Program Director Lazar clarified that the Chronicle's 4 th of July 
celebration at the Wharf permitted the artists to sell in the street only 
on the 4 th of July itself and not for the whole weekend. 

Commissioner Roth noted that Mr. Cracas was cited on July 2 nd when 
artists were not selling in the street. 

Officer Ng stated that, for July 4 th , 280 officers are brought in with 
equipment, street closures, signs, flares, from other districts for crowd 
and vehicular management; on this last July 4 th , Officer Ng worked a 
26-hour shift. On that day, he said, there are more important things 
for the officers to do than ascertain that street artists are adhering to 
their location rules. 

Commissioner Stermer moved that Gerard Pepper Cracas be found in 
violation for selling in a location not designated by the Board of 
Supervisors; the motion was seconded by Commissioner Roth and 
unanimously approved. 

Commissioner Rogers moved that Mr. Cracas's certificate be 
suspended for a period of three months; the motion was seconded by 
Commissioner Roth and unanimously approved. 

II. HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL 
BY PROGRAM DIRECTOR FOR BOARD OF SUPERVISORS 
DESIGNATION OF TEMPORARY WINTER HOLIDAY SELLING 
SPACES FOR STREET ARTISTS IN THE DOWNTOWN AREA 
AND AT HARVEY MILK PLAZA, FOR NOVEMBER 15, 1999- 
JANUARY 15, 2000 

The Program Director proposed the same 52 temporary selling space in 
the Downtown area as had been designated for the last 6 winter 
holiday seasons, plus 4 former temporary spaces on Sansome Street, 



STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 16 



west side, at Sutter Street (adjacent to BART wall and Citicorp 
courtyard), and 4 new temporary spaces on the northwest corner of 
Post and Montgomery Streets (adjacent to Wells Fargo Bank); and the 
same 7 temporary selling spaces at Harvey Milk Plaza as had been 
approved the last 4 winter holiday seasons and the winter holiday 
season of 1992-93; all temporary spaces to be for the same time period 
as had been approved for the last 9 years. 

With respect to the 4 former temporary spaces at Sansome and Sutter 
Streets and the 4 new temporary spaces at Post and Montgomery 
Streets, the Commissioners acknowledged the long history of 
unlicensed vendors selling in these locations not just seasonally but 
throughout the year for many years - illegal activities that have cost 
the Street Artists Program thousands of dollars in the hiring of off- 
duty Police officers to cite and confiscate the illegal merchandise of 
such vendors. 

Director Newirth commented that, should these spaces, now occupied 
by the illegal vendors, be made temporary winter holiday spaces, a 
precedent could be established to ultimately make them permanent, 
thereby making such locations free of illegal vendors year round. 

The Program Director stated that representatives of Citicorp, BOMA, 
and Wells Fargo had been specifically notified of the hearing. Other 
than the street artists, no one was present for the issue. 

Commissioner Ishii moved to approve the Program Director's proposal 
for Board of Supervisors designation of temporary winter holiday 
spaces for street artists in the Downtown area and at Harvey Milk 
Plaza for November 15, 1999 - January 15, 2000; the motion was 
seconded by Commissioner Freebairn-Smith and unanimously 
approved. 

No Program Director's report was given. 

No public comment was given. 






STREET ARTISTS PROGRAM COMMITTEE - September 8, 1999 

Page 17 



There being no further business, the meeting adjourned at 4:52 p.m. 

Respectfully submitted: 




Howard Lazar 

Street Artists Program Director 



s 


F 


A 


C 



SAN FRANCISCO ARTS COMMISSION 



DOCUMENTS DEPT. 



Richard Newirth 
i of Cultural Affairs 



£LL&0 

PROGRAMS 



;ivic Design Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

ural Equity Grants 
Suite 60 



SEP 3 G 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 

09-30- 



NOTICE 

The. .meeting of the STREET ARTISTS PROGRAM COMMITTEE 
scheduled for Wednesday, October 13, 1999 has been cancelled. 



ivic Art Collection 
leet Artists Licenses 



The next meeting of the Street Artists Program Committee 
is scheduled for Wednesday, November 10, 1999, at 3:00 p.m. 

suite 70 ^ n ^he Arts Commission's Conference Room, Suite 70, 
amission gallery Avenue, San Francisco. 



25 Van Ness 



Van Ness Avenue 
415.554.6080 



iECITY.SFSU.EDU/SFAC/ 
AC@THECITY.SFSU.EDU 



Street Artists Program 
September 29, 1999 




3ity and County of 
San Francisco 



25 Van Ness Ave. Suite 240, San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



S I F 



AC 



/SA N FRANCISCO ^RTS COMMISSION 



fO 



Richard Newirth 
or of Cultural Affairs 



STREET ARTISTS PROGRAM COMMITTEE 



). 15 



PROGRAMS 

Civic Design Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

ultural eqjjity grants 
Suite 60 

Civic Art Collection 

Street Artists Licenses 

Suite 70 

Commission Gallery 

401 Van Ness Avenue 

415.554.6080 



//TH ECITY.SFSU.EDU/SFAC/ 
IL: SFAC@THECITY.SFSU.EDU 



Wednesday, Novemb er 10, 1999 , 



3:00 p.m. 

Art Commission Conference Room 
Suite 70 (basement area) 
San Francisco, California 

,A G E N D A 



DOCUMENTS DEPT. 
OCT 2 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 



NOTICE: Requests to testify are accepted before the item on which the individual wishes to 
speak comes up for consideration. The Presiding Officer will also call for public testimony 
on agenda items either at the beginning of the meeting or prior on the vote on particular 
items. Public testimony shall be limited to three (3) minutes per person. No member of the 
public or witness shall cross-examine another member of the public or witness unless 
approved by the Program Committee. 

I. HEARING AND POSSIBLE MOTION TO APPROVE 
PROPOSAL BY PROGRAM DIRECTOR FOR BOARD OF 
SUPERVISORS DESIGNATION OF FIVE FORMER 
TEMPORARY SELLING SPACES ON GRANT AVENUE, EAST 
SIDE, POST TO SUTTER STREETS, AND ONE FORMER 
TEMPORARY SELLING SPACE ON GRANT AVENUE, WEST 
SIDE, POST TO SUTTER STREETS, FOR STREET ARTISTS 



II. HEARING AND POSSIBLE MOTION TO APPROVE REQUEST 
BY STREET ARTISTS ROBERT AND WILLIAM CLARK FOR 
ARTS COMMISSION TO REQUEST BOARD OF 
SUPERVISORS FOR A HEARING TO CONSIDER 
TRANSFERING FROM GENERAL FUND TO STREET 
ARTISTS PROGRAM FUND EXCESS CERTIFICATE FEE 
REVENUE OF 1972-80; INTEREST ON EXCESS CERTIFICATE 
FEE REVENUE OF 1972-80; AND INTEREST ON 
CERTIFICATE FEE REVENUE OF PROGRAM'S FUND OF 
1981-99 




City and County of 
San Francisco 



III. REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF 
STREET ARTISTS PROGRAM 



IV. PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE 
PRESENTATION OF PROPOSALS FOR NEW SELLING 



25 Van Ness Ave. S 



uite 240. San Francisco. CA. 94 



102 TEL. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1999 Agenda 
Page 2 



V. SPACES (At this time members of the public may address the 
Commission on items of interest to the public that are within the 
subject matter jurisdiction of the Commission except agenda items.) 

VI. ADJOURNMENT 

ACCESSIBILITY INFORMATION 

'Pursuant to City policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans 
with Disabilities Act, all City agencies will make reasonable accommodations to tlie needs of persons 
with disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Art Commission will 
be held at 25 Van Ness Avenue, San Francisco, located on the comer of Oak and Van Ness. 
All meedngs are held in Suite 70, basement level, and can be accessed by the two main 
elevators in the lobby of the building. 

Accessible seating for persons with disabilides, including those in wheelchairs, will be 
available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and 
Franklin Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains --stopping at Van Ness and Market, 

one-half block from the building. 

9, 26, and 42 Buses --serving the area of Van Ness and Market. 

Civic Center BART, located at the intersecdon of Grove, Hyde, and Market Streets. 

For more information on accessible transit, call (415) 923-6142. 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related 
disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In 
order to assist the city's efforts to accommodate such people, attendees at public meetings are reminded 
that other attendees may be sensitive to various chemical based products. Please help the city to 
accommodate these individuals. 

American sign language interpreters and/or a sound enhancement system will be available upon request 
at meetings. Please contact Liz Lerma in the Community Arts and Education Program at (415)252- 
2596 at least 72 hours prior to meeting. Late requests will be honored if possible. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact the Sunshine Ordinance Task Force at 554-4851. 

Attention: Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 
16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 
94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/. 



),15 



S F 



A C 



Richard Newirth 
rector Of Cultural Affairs 



7 SAN FRANCISCO ARTS COMMISSION 



DOCUMENTS DEPT. 

NOV 2 h 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 



STREET ARTISTS PROGRAM COMMITTEE 



^ 



programs 

Civic Design Review 

Community Arts 

& Education 

Performing Arts 

Public Art 

Cultural EoyiTY Grants 
Suite 60 

Civic Art Collection 

Street Artists Licenses 

Suite 70 

t Commission Gallery 

401 Van N ess Avenue 

415.554.6080 



V//TH ECITY.SFSU.EDU/SFAC/ 
ML: SFAC@THECITY.SFSU.EDU 




City and County of 
San Francisco 



^November 10, 1999 

Arts Commission Conference Room, Suite 70 

25 Van Ness Avenue 

San Francisco, California 

MINUTES 

Commissioners present: Emery Rogers, Rod Freebairn-Smith, Dugald 

Stermer 

^Commissioners absent: Steve Ishii, Denise Roth 

Staff present: Director of Cultural Affairs Richard Newirth 

Street Artists Program Director Howard Lazar 
Certification Clerk Antoinette Worthy 

Commissioner Rogers, Chair, called the meeting to order at 3:17 p.m. 

I. HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL 
BY PROGRAM DIRECTOR FOR BOARD OF SUPERVISORS 
DESIGNATION OF FIVE FORMER TEMPORARY SELLING 
SPACES ON GRANT AVENUE, EAST SIDE, POST TO SUTTER 
STREETS, AND ONE FORMER TEMPORARY SELLING SPACE 
ON GRANT AVENUE, WEST SIDE, POST TO SUTTER 
STREETS, FOR STREET ARTISTS 

Program Director Lazar gave a history of his request: the Board of 
Supervisors, earlier this year, approving the Arts Commission's 
request to designate the six Grant Avenue spaces as temporary six- 
month spaces to replace six spaces on Stockton Street rendered 
unusable due to construction of an adjacent Levi Strauss store; the six 
new spaces proving to be some of the most valuable in the entire 
Street Artists Program, and the artists requesting that they be made 
permanent. 

The Program Director reported that the Program Committee's agenda 
had been mailed to all of the store merchants/building owners on the 
Program's mailing list, 28 of whom were in the Downtown-Union 
Square area. In addition, the Program Director had personally alerted 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 



tel. 415.252.2590 fax 415.252.2595 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1999 

Page 2 



the managers of the stores, adjacent to the requested six spaces, of 
the hearing. The Commissioners noted that no representative of any of 
' these stores was present. 

The Program Director reported that the manager of The Coach Store 
told him that she endorsed the street artist spaces in front of her 
business because they improved the ambiance of Grant Avenue. The 
Program Director also reported that no merchant or building owner 
had called him to object to the proposal. Furthermore, he was not 
- - aware of any incident or problem occurring as a result of the previous 
temporary designation of the spaces. In fact, the spaces met all of the 
public safety and fire regulations contained in the street artist 
ordinance. 

The Commissioners noted that no members of the public wished to 
address the issue. 

Commissioner Freebairn-Smith moved to approve the proposal by the 
Program Director for Board of Supervisors designation of five former 
temporary selling spaces on Grant Avenue, east side, Post to Sutter 
Streets, and one former temporary selling space on Grant Avenue, 
west side, Post to Sutter Streets, for street artists; the motion was 
seconded by Commissioner Stermer and unanimously approved. 

II. HEARING AND POSSIBLE MOTION TO APPROVE REQUEST 
BY STREET ARTISTS ROBERT AND WILLIAM CLARK FOR 
ARTS COMMISSION TO REQUEST BOARD OF SUPERVISORS 
FOR A HEARING TO CONSIDER TRANSFERING FROM 
GENERAL FUND TO STREET ARTISTS PROGRAM FUND 
EXCESS CERTIFICATE FEE REVENUE OF 1972-80; INTEREST 
ON EXCESS CERTIFICATE FEE REVENUE OF 1972-80; AND 
INTEREST ON CERTIFICATE FEE REVENUE OF PROGRAMS 
FUND OF 1981-99 

Commissioner Rogers continued the item to allow staff time for an 
additional meeting with the City Attorney's office on the issues. 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1&99 

Page 3 



III. REPORT BY PROGRAM DIRECTOR ON ACTIVITIES OF 
STREET ARTISTS PROGRAM 

The Program Director reported that on November 9 th the Housing and 
Social Policy Committee of the Board of Supervisors unanimously 
recommended for approval the Arts Commission's request for 
temporary street artist spaces for the winter holiday season. All three 
Supervisors commended the efforts of the Arts Commission, the artists 
and their Program; Supervisor Teng, especially, emphasized the fact 
_ _ that the Program since its inception has authorized self-employment 
for 7,000 people. The request will be submitted to the full Board on 
November 15 th . Seven of the spaces are at Harvey Milk Plaza and 
therefore require a ratifying resolution by the Public Transportation 
Commission which will take up the item on December 7 th . 

The Program Director reported on the efforts of Commissioner Roth to 
obtain re-authorization by Recreation-Park for the street artists to 
continue selling in Justin Herman Plaza. Prompted by the 
Commissioner, a meeting was held on the Plaza attended by Principal 
Recreation Supervisor Sandy Lee, Commissioner Roth, Program 
Director Lazar, Street Artists Harlan Simon, James Brady, Lynn 
Vandenberg, Anastasia Trainer, Leah Mazor, and Marcia Seeman, 
Property Manager Laura Gigante of Boston Properties (managing 
Embarcadero Center), and Dexter Carmichael of the Farmer's Market. 
At the meeting, Ms. Lee expressed a willingness to sign a re- 
authorization pending receipt of mapped-out proposals showing where 
the artists should sell on regular days and on Farmer's Market days 
during the present construction period and after. Subsequently, 
Commissioner Roth and Program Director Lazar met with Street 
Artists Tad Sky, Harlan Simon, Lynn Vandenberg, and Leah Mazor to 
review their requested proposals; these were sent to Sandy Lee. 

The Program Director thanked and commended Director of Cultural 
Affairs Newirth for his participation three years before in laying the 
groundwork for this much-awaited agreement between the Recreation- 
Park Department and the street artists. 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1&99 

Page 4 



The Program Director further reported on a request from the Police 
Department that eleven spaces on Geary and Stockton Streets, 
adjacent to Neiman Marcus building, not be assigned in the street 
artist lottery nor occupied by street artists on November 26 th , the day 
after Thanksgiving, because of a possible threat to the artists' and the 
public's safety by an anticipated animal rights protest in front of 
Neiman Marcus. The Program Director said he would communicate 
this to the Lottery Committee and to the artists at the lotteries. 

The Commissioners welcomed Ms. Leigh Ann Matsche, Executive 
Director, and Mr. David Rogers of Union Square Business 
Improvement District who were offering their assistance in painting 
the street artists spaces on the sidewalks. Ms. Matsche stated that her 
organization was sustained by a self-imposed tax from the property 
owners in the ten-block area encompassing Union Square, and that the 
organization wanted to verify that only licensed street artists were 
selling on the sidewalks and selling in legal spaces. In the interest of 
maintaining a "clean" vicinity free of unauthorized vendors, she 
expressed support of the Street Artists Program and asked how her 
group could help in keeping the Program fair and in what ways her 
group could assist the Program Director. 

Commissioner Rogers, in thanking Ms. Matsche, stated that he had 
observed that the street artists who sell in the Union Square area were 
among the most law-abiding artists in the Program (to which Ms. 
Matsche concurred). 

Commissioner Freebairn-Smith discussed the occasional problem at 
Hallidie Plaza of "evangelists with bullhorns" exceeding the sound 
level ordinance and imposing themselves on "captive" visitors waiting 
to ride the cable car. Ms. Matsche, who stated she previously had 
managed the Flood Building, agreed that the cable car passenger line 
was considered "a captive audience" and that the activity of the 
bullhorn users was considered "aggressive panhandling," which has 
caused the Police to get them to move to other areas. 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1999 

Page 5 



IV. PUBLIC COMMENT/OPEN FORUM FOR POSSIBLE 
PRESENTATION OF PROPOSALS FOR NEW SELLING 
SPACES 

Ms. Leigh Ann Matsche of Union Square Business Improvement 
District informed the Commissioners of some of the plans for crowd 
control at Union Square on New Year's eve and asked how these would 
affect any street artist who might be selling. Program Director Lazar 
responded that if Stockton Street were to be roped off to vehicular 
■ - traffic, those artists who wished to sell would have to be given special 
passes for times for unloading and loading their displays - similar to 
what they are given at Fisherman's Wharf for the 4 th of July 
celebrations. 

Commissioner Rogers announced that, sadly, this would be his last 
Street Artists Program Committee meeting, as he would be resigning 
from the Arts Commission due to his move in residence from San 
Francisco. He expressed his unhappiness over leaving the 
Commission, as he had enjoyed serving for the past five years. In the 
absence of the Commission President's directive, Commissioner Rogers 
requested that Commissioner Stermer be the interim chair of the 
Program Committee. Commissioner Stermer accepted. 

Commissioner Rogers further requested that the minutes reflect his 
feeling that "it has been an absolute pleasure working with" Program 
Director Lazar and Certification Clerk Worthy, both of whom the 
Commissioner considered "extremely professional" with "requisite 
compassion and firmness." 

In thanking the Commissioner, Program Director Lazar stated that he 
had tried to emulate the compassion and understanding Commissioner 
Rogers had given for the artists personally and in difficult public 
hearings. Another attribute of the Commissioner was his efforts in 
attending many street artist lotteries in order to investigate how they 
worked and to explore other issues with the artists, in advance of his 
Committee's deliberations on possible amendments to the rules. 
Historically, Commissioner Rogers was directly responsible for 



STREET ARTISTS PROGRAM COMMITTEE - November 10, 1999 

Page 6 



enacting many revolutionary changes in the Program - the time- 
saving hearing procedure on street artist violations, the amendments 
to the screening criteria for printmaking, the designation of many 
viable selling spaces, to name a few of the major accomplishments. 

The Commissioners acknowledged that the new hearing procedure has 
saved the Program Committee a significant amount of time which has 
been used, more beneficially, to consider and adopt requests from the 
artists for more selling spaces. 

Commissioner Rogers also wanted it entered into the record that he 
felt the present Program Committee was the best committee on which 
he had served and its members were "the most effective body that 
maybe the Street Artists Program Committee has ever had; I am 
pleased and proud to have served with all of you." While none of the 
Committee members liked to hand out punishment for street artist 
violations, no one had shirked their responsibility to do it. 

As a bit of "advice" to the new Chair, Commissioner Rogers stated that 
the present regulations, procedures, and policies have been enacted 
over a long period of time, have been well applied, and have proven 
their reasons for existence, and he hoped Commissioner Stermer would 
be as reluctant to change them as he had been; "whenever you do 
change something, try to make it simpler and not more complicated." 
Commissioner Rogers thanked his colleagues and the street artists for 
"a wonderful experience." 

Commissioner Stermer stated that this Committee was his favorite 
and much of this feeling was attributable to Commissioner Rogers' 
participation. The Commissioners and staff thanked Commissioner 
Rogers for his service and wished him well. There being no further 
business, the meeting adjourned at 3:55 p.m. 

Respectfully submitted: 

Howard Lazar 

Street Artists Program Director 




^AN FRANCISCO ^ARTS COMMISSION 



Richard Newirth 
irector of Cultural Affairs 



10.15 



C$\\tb PROGRAMS 



NOTICE 



4." 



Civic Design Review 
Community Arts 

& Educatio 
Performing Arts 
Public Art 



The meeting of the STREE T ART ISTS PROGRAM COMMITTEE 
r N s scheduled for Wednesday, pec^aber~^^T999) has been cancelled. 



The next meeting of the Street Artists Program Committee 
cultural equity grants is scheduled for Wednesday, January 12, 2000 at 3:00 p.m. in 

SuiTE 60 the Arts Commission's Conference Room, Suite 70, 25 Van Ness 

Civic Art Collection Avenue, San FranciSCO. 



Street Artists Licenses 
Suite 70 

rt Commission Gallery 

401 Van Ness Avenue 

415.554.6080 



Tr.//TH ecity.sfsu.edu/sfac/ 

MAIL: SFAC@THECITY.SFSU.EDU 



Street Artists Program 
November 29, 1999 

DOCUMENTS DEPT. 

DEC I 1999 

SAN FRANCISCO 
PUBLIC LIBRARY 




City and County of 
San Francisco 



25 Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252 



3